1. A LEI DE CRIMES AMBIENTAIS E O PRINCÍPIO DA VEDAÇÃO À PROTEÇÃO DEFICIENTE: UMA ANÁLISE DOS CRIMES AMBIENTAIS NO CONTEXTO DO ROMPIMENTO DA BARRAGEM EM BRUMADINHO/MG.
- Author
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BIANCHINI, MARCOS PAULO ANDRADE, DE ARAúJO, GISELLE MARQUES, and DEMIR KLEBER MORBECK DE OLIVEIRA, A.
- Subjects
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ENVIRONMENTAL crimes , *ASSET protection , *DIALECTIC , *DAM failures , *RIVER pollution , *EXERCISE , *TRAGEDY (Trauma) - Abstract
The research sought to understand the mechanisms of Criminal Law laid down in the legality that are imposed on human conduct in the context of the collapse of the Vale SA dam in Brumadinho/MG with the purpose of preventing similar tragedies in the future, given the intense mining activity in many regions of Brazil. The general objective of the research was to verify the proportionality of the applicable criminal sanctions in the factual context to understand if the sanctions typified in legality really bring protection to the legal assets protected by the Criminal Law, in particular the pollution in the Paraopeba River. It is concluded that the quantum of penalties imposed in environmental crimes, which are calculated with the rupture of the Vale S.A. Dam in Brumadinho/ MG, do not comply with the duty of proportionality and violate the principle of prohibition of deficient protection. The study was developed using the dialectical method, making it possible to question the certainties established so far, allowing them to deny them and, from this intellectual exercise, extract secure knowledge. [ABSTRACT FROM AUTHOR]
- Published
- 2022
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