O Que Significa Omitir

O Que Significa Omitir – Until then, protecting the environment was a huge challenge because laws were sparse, inconsistent and difficult to enforce.

The environment is a fundamental good for human existence and as such must be protected and protected for the use of all. This is the principle expressed in the text of the Federal Constitution, which in its art. 225, caput, envisages the recognition of the right to a healthy environment as an extension of the right to life, either in terms of the physical existence and health of people, or in terms of the dignity of this existence, to an assessed degree. of life. This recognition places the responsibility of environmental protection on public power and society.

O Que Significa Omitir

O Que Significa Omitir

A crime is a violation of the law. Therefore, it will be an environmental crime, any harm or damage to the elements of the environment: flora, fauna, natural resources and cultural heritage. All crimes for violation of the protected right are subject to sanction (penalization), which is regulated by law. The environment is protected by law no. 9,605 of February 12, 1998 (Environmental Crimes Act), which defines criminal and administrative sanctions for behavior and actions harmful to the environment.

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Before its existence, protecting the environment was a big challenge because laws were few and hard to enforce: there were contradictions, such as guaranteeing free access to beaches, but without criminal punishment for those who interfered with it. or inconsistency in the application of penalties. Killing a wild animal, even for food, was a misdemeanor, while animal cruelty and deforestation were simple offenses punishable by fine. There were gaps, such as the absence of clear provisions on animal experiments or balloon releases.

With the creation of the Law on Environmental Crimes, environmental legislation regarding the protection of the environment is centralized. Penalties now have appropriate uniformity and assessment and offenses are clearly defined. Unlike in the past, the law defines the liability of legal entities, allowing large companies to be held criminally liable for the damage their business may cause to nature. The killing of animals remains a crime except to satisfy the hunger of the agent or his family; Violence, painful or cruel experiences, illegal logging, production, sale, transport or release of balloons are now crimes punishable by imprisonment.

In addition to aggression that exceeds the limits established by law, disregarding environmental standards is also considered an environmental crime, even if the environment is not harmed. This applies to enterprises that do not have the appropriate environmental license. In this case, there is disobedience to the requirements of environmental legislation and is therefore punishable by a fine and/or imprisonment.

Penalties under the Environmental Crimes Act are applied according to the severity of the crime: the more reprehensible the behavior, the more severe the punishment. It can be imprisonment, where the convicted person has to serve the sentence in the penitentiary regime; Limitation of rights to the subject – instead of imprisonment – punishments such as community service, temporary prohibition of rights, suspension of activities, monetary security and house restriction; or good.

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An infringing legal entity, a company that violates environmental legislation, cannot be restricted in its freedom in the same way as an ordinary person, but is subject to fines. In this case, fines and/or restrictions of rights apply, which are: partial or complete suspension of activity; temporary prohibition of establishment, operation or activity; Prohibition of signing a contract with the government, as well as receiving subsidies, subsidies or donations from it. It is also possible to provide services to society by financing environmental programs and projects; implementation of restoration works of degraded areas; Contributions to public environmental or cultural entities.

Facing an environmental crime, a public civil action (regulated by Law 7.347/85) is a legal instrument that protects the environment. The purpose of the action is to repair the damages where environmental resources have been damaged. Prosecutor’s Office, Public Protection Service, Union, State, Municipality, Public Companies, Foundations, Mixed Farming Companies and Environmental Unions can offer you.

According to the Law on Environmental Crimes (Act No. 9.605/98), environmental crimes are classified into five different types:

O Que Significa Omitir

Against Fauna (Articles 29 to 37): This is aggression committed against wild animals, either through local or migratory routes, such as hunting, fishing, transportation and commercialization without authorization; Abuse; Conducting painful or cruel experiments on animals when there is no other way, regardless of the purpose. Also included is aggression towards the natural habitats of animals, such as changing, damaging or destroying their nest, shelter or natural breeding place. Bringing exotic specimens into the country without proper permits is also considered an environmental crime, as is killing specimens due to pollution.

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Against flora (ss. 38 to 53): destruction or damage to vegetation in permanent conservation areas, at any stage, or in conservation units; causing forest or wildfires or making, selling, transporting or releasing balloons that could cause a fire in any area; Exploitation, cutting, purchase, sale, exhibition of wood, firewood, coal and other products of vegetable origin for commercial purposes without proper permission or in violation of it; Extraction of stone, sand, lime or any mineral from public domain or permanent conservation forests; prevent or inhibit the natural regeneration of any form of vegetation; destroying, damaging, damaging or abusing ornamental plants in public places or on private property; Sell ​​or use chainsaws without proper authorization.

Pollution and other environmental crimes (Articles 54 to 61): All human activities produce pollutants (garbage, waste, and the like), but only pollution exceeding legal limits is considered a punishable environmental crime. In addition, pollution that causes or may cause harm to human health, death of animals and significant destruction of flora is a crime. As well as that which renders places unfit for human use or occupation, water pollution, which necessitates the interruption of public supplies and failure to take preventive measures in case of serious or irreversible damage to the environment.

Exploration, exploitation or mining of mineral resources without permission or obtained in violation of authorization and non-use of the mined area are considered environmental crimes; manufacture, process, package, import, export, commercialize, supply, transport, store, store, abandon or use substances that are toxic, dangerous or harmful to human health or violate laws; operation of potentially polluting enterprises without or in compliance with an environmental license; This category of environmental crime also includes the spread of diseases, pests or species that may harm agriculture, livestock, fauna, flora and ecosystems.

Against urban planning and cultural heritage (Articles 62 to 65): Environment is a broad concept that is not limited to natural elements (soil, air, water, flora, fauna). In fact, the environment is their interaction with artificial elements – urban space created and modified by man – and cultural elements, which together ensure a balanced development of life. Violation of urban order and/or culture in this way is also an environmental crime.

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Against the environmental administration (Articles 66 to 69): This is conduct that complicates or prevents the exercise of the public authority’s inspection and environmental protection function, whether by individuals or public authority employees themselves. An environmental crime is committed by an official who makes a false or misleading statement, omits the truth, hides information or technical-scientific data in authorization or environmental licensing procedures; or one who issues a license, authorization or permit in violation of environmental norms, for the activity, work or service, the implementation of which depends on the authorization act of the public authority. An environmental crime is also committed by a person who fails to fulfill an obligation of a relevant environmental interest when he has a legal or contractual duty to do so, or who prevents an environmental inspection.

An administrative offense is any action or omission that violates the legal rules for the use, benefit, promotion, protection and restoration of the environment. The Law on Environmental Crimes disciplined administrative offenses in its art. 70 to 76 years old and regulated by Dec. 6 514/08.

The public authorities, when exercising their supervisory authority, when drawing up notices of violation and confiscation, indicate the punishment provided for the actions, as well as, if necessary, other sanctions established by the resolution based on the seriousness of the facts. The offender’s history and economic situation. The use of administrative sanctions does not prevent punishment for environmental crimes if they also apply to the case.

O Que Significa Omitir

Any person who becomes aware of an environmental offense can make a representation to the authorities within the National System for the Environment (SISNAMA). The environmental authority has no choice: as soon as it becomes aware of it, it must immediately investigate the environmental violation under the penalty of joint liability.

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Among the crimes against

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