Responsabilização criminal em desastres ambientais: a tutela do meio ambiente a luz dos desastres de Mariana e Brumadinho

Abstract

The present work intends to analyze the penal protection destined to the protection of environmental crimes in the national legal system in light of the cases of Brumadinho and Mariana, municipalities of the State of Minas Gerais, in an attempt to evaluate the efficiency of the Brazilian legislation in the protection of the environment. For this, we sought to develop an understanding of the legal protection of the environment in the constitution and special criminal legislation, addressing its practical effects. The chosen research methodology was exploratory, seeking to achieve greater familiarity with the problem, carrying out a bibliographic review of specialized doctrine and other means of academic production, such as legislation, bills, jurisprudence landmarks and journalistic texts from qualified newscasts. As a result of the research, the lack of criminal legislative updating in the protection of the environment are pointed out as inefficiency factors in environmental protection, as well as institutional negligence, which this research deemed necessary as a remedy, the need to strengthen the mentality of absolute defense of the environment in the environments of power and decision-making, noting that there is already a constitutional provision regarding the principle of environmental education.