Direito penal e meio ambiente natural : um diálogo necessário em busca de uma tutela suficiente

Abstract

The Federal Constitution of 1988, in its article 225 establishes the triple environmental protection, through the civil, administrative and criminal fields, regarding private individuals as well as legal entities that develop actions that cause damage or menace of damage to this protected legal interest. The man, as a social being, since the dawn of civilization, has used the natural resources as an inexhaustible supply. The human society evolved progressively with disastrous consequences to the natural environment, which aroused the need of preservation and conservation, since the degradation affects directly the own survival of the human being. The bibliographical research aims to present the viability of the penal protection of the environment, having the constitutional provision among its foundations, as well as the nature of the legal interest object of the protection. However, new paradigms are necessary in order to adequate the mechanisms used by Criminal Law to the need of penal protection of this prominent form of criminality in the risk society. The balance of a sufficient penal protection is pursued, at the same time that there is respect to the guaranteed postulates.