Produção Nacional
Análise do Acórdão Proferido pelo Superior Tribunal de Justiça no REsp 1251697/PR – Incidência do Princípio da Intranscendência da Pena em Caso de Multa por Desmatamento
2013; Linguagem: Inglês
10.11117/22361766.52.10.2287
ISSN2236-1766
Autores Tópico(s)Construction Engineering and Safety
ResumoThe research is centered on a democratic perspective that understands the principle of personal responsibility of the sentence as a factor of guarantee of fundamental rights of the citizen.It was discussed in view of the judgment of the Superior Court of Justice, the issue of propter rem obligations in cases of civil responsibility for environmental damage.Similarly, we analyzed the question of the application of penalties in cases of environmental crimes and administrative violations.The study debated if in these cases these sanctions could be collected from persons other than the authors of fact.The article argued that the rules of caput of art.14 of Law nº 6.938/1981 and Law nº 9.605/1998 reinforce the application of the theory of culpability in criminal sanctions and administrative environment, away from the theory of objective responsibility in such cases.This theory should be applied only in cases of civil remedies for environmental damage.
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