A reparação do dano nos crimes ambientais rurais como mecanismo de sustentabilidade: acordos e condenações na comarca de Marechal Cândido Rondon – PR

Abstract

Environmental sustainability can be understood in two biases, one in the sense of conservation to avoid the occurrence of damage and the other in the concept of protecting the environment that is degraded, in the aspect of retro. Based on this sense, the present study aims to analyze sustainability in the environmental criminal process, involving rural environmental crimes, through the decriminalization of institutes, results in the legal system. In the research, the theoretical framework deals with the concepts of sustainability, the principles of related environmental law, the repair of damage as a sustainable means, as well as the legal institutes related to compensation: the criminal transaction, a conditional suspension of the process, the condemnatory criminal sentence and the conditional suspension of the sentence. The adopted method is the phenomenological and a research is classified as quantiqualitative. Part of the study is based on all criminal cases distributed in the District of Marechal Cândido Rondon, State of Paraná, between the years 2011 and 2018, in order to describe them in detail to show the legal treatment regarding environmental damage. Applying the proposed methodology and excluding the processes in which early filing, 66 processes were objective. Among them, it was found that approximately 16% of the amounts of cash benefits were reverted to institutions without any link to environmental protection and another approximately 76% were transferred to a single account of the Judicial Courts of the District, without individualization or transparency as to their destination. Final. In relation to the damages, it was found that the results are partially satisfactory, since in 68% of the cases there was a full or probable verification, a cessation of the risk or regularization of the potentially polluting enterprise. Nevertheless, it deserves greater attention in relation to crimes of danger, insofar as, usually, there is no questioning in the processes about the cessation of the environmental risk created by criminal practice.