Aplicabilidade da teoria da imputação objetiva nos crimes praticados contra o meio ambiente

Abstract

In the present work, our intent is to demonstrate and explain the importance of protecting the environment through the applicability of the Theory of Objective Imputation. This objectivity is due to the delicacy and subtlety of the environment, where it has been degraded frequently and uninterrupted by the human being, or being by; purposeful burnings; expansion of livestock; agriculture; mineral extraction; among others. Although there was an improvement and rigidity as the fight about the crimes against the environment, through more rigid legislation, having a decrease; we still observe that there was no cessation. Therefore, through the applicability of the aforementioned theory, we aim to suppress this abuse practiced against the environment. In the first analysis, the contextualized and historical origin of the Theory of Objective Imputation will be explained and later the theory will be detailed in the light of each author, beginning with Claus Roxin, a posteriori Gunther Jakobs and ending with Frisch. From then with the theoretical concept already explained, we will enter from the perspective of the Environment, demonstrating the fragility of the environment needing a specific protection, focusing on this protection in the possibility of applying the theory already pointed out, in the light of the various scholars. Finally, in the last chapter will be a complete summary, standing out the chosen theory from the perspective of the agent's penalization against crimes committed against the environment