Processo Sancionador Ambiental e a Culpabilidade Penal

Resumen

The protection of environmental goods can be carried out by several legal areas. The environmental protection is detachable in the civil area, in order to repair damages, beside punitive state activities, by means of sanctioning and criminal law. Although ius puniendi can be made effective both by criminal rules and administrative sanctioning rules, there are significant differences. The differences are linked to typicality, culpability and proof requirements in order to impose legal penalties. From the methodology of the dialogue of sources, the paper analyzes the legal areas integration, in special, the relationship between criminal and administrative areas. For comparative purposes, the paper proposes analyzes of judgments from Brazilian, Colombian and Spanish Courts. The development allows to conclude that the elements of criminal persecution, included cases without guilty verdict, can be used in the environmental administrative sanction, such as in the case of Brazilian plea agreement.