Lei dos crimes ambientais e sua (in)eficácia como modelo de repressão estatal no direito penal: sua incidência nas comarcas de Toledo-PR e Cascavel-PR

Abstract

Since colonization, what we now call environmental crimes have occurred in the national territory, culminating in harmful and disastrous consequences for the Brazilian fauna and flora. In this scenario, this research has as main objective to analyze the (in)effectiveness of the environmental crimes law as a model of state repression in criminal law, specifically with its applicability in the Counties of Toledo and Cascavel, both located in western Paraná, in the last ten years. years (2011 to 2021). In light of the applicability of the norm and its effectiveness, the research seeks to find out if criminal law is the most appropriate way to reprimand the illicit committed against the environment or if reprimand could only be carried out in the administrative/civil field. Thus, the research was guided to seek the reach of the limits of criminal state intervention, researching concepts and explanations of the need for criminal law intervention in environmental issues. For this, exploratory studies were carried out, under the hypothetical-deductive method, with bibliographic and documental analyses, as well as the collection of data from the Counties referred to in the PROJUDI system. It is expected at the end, after analyzing cases of the last ten years of criminal proceedings in the Counties of Toledo - PR and Cascavel - PR, that there is a demonstration of the (in)effectiveness of Law 9.605/98 regarding a state model sanctioner.