A tutela penal do meio ambiente por meio dos delitos de acumulação

Abstract

A post-industrial society is accelerated in technological development, which, in addition to bringing benefits, also brings the inherent risks of globalization, which in turn, have also taken global action. To achieve the desired development, the natural resource is used indiscriminately, making the environment a well of collective use, capable of causing the capacity to generate small irreversible damages. Faced with this, the outbreak of questioning of criminal liberty could act in the sense of offering protection to this good, since it should be the responsibility of the State of its protection. It happens that it is a criminal law that applies to constitutional and penal limitations, such as the requirement of a defense law or an effective right to legal good. Cumulative buffers, shock are not risk, nor harm to the welfare of the standard protection, but the large number of people to carry out the same action, then it has the same well being suffering and, if dealing with the means the criminal law can not abstain. Thus, it will be analyzed a possibility that cumulative offenses serve as a form of environmental criminal protection.