Limites e possibilidades da imputabilidade penal em caso de desastres ambientais a partir de estudos de casos

Abstract

The present work aims to analyze the penal treatment given to cases involving disasters, especially the performance of the guarantors, around the risk and their species. To do so, it begins by bringing the Brazilian historical scenario of disasters. In the general theory of Disaster Law, the concept of disasters is defined, as well as the Brazilian model of legislative management, to later list the species of existing disasters. Therefore, there is a circular management of disasters, demonstrating the importance of each of the five phases that make up such a management circle, namely: emergency responses, compensation and insurance, reconstruction, risk mitigation and disaster in Yes. Finding this point, we present the factors that increase the risks of disasters. In the next point, it deals with criminal matters within disasters. Prima facie analyzes the Criminal Law from the point of view of disasters, in brief considerations to later elucidate the history of Environmental Criminal Law, as well as its peculiarities. Subsequently, it evolved to the Criminal Law related to disasters, analyzing possible crimes arising from each of the species of disaster and then examining the punishable omission and, in this matter, the omissive crimes in the broad sense, as well as the analysis of the Art. 13, paragraph 2, letter "c" of the Brazilian Penal Code, which brings the criminal omission relevant to the guarantor with powers stemming from criminal interference. Here again, causality will be analyzed in crimes of omission. Finally, in the last chapter, the analysis under the criminal bias, how such a treatment is done, is carried out around three distinct cases involving disasters, one of pure anthropogenic origin, another pure natural and another disaster of mixed origin - human action allied to a natural phenomenon.