Competence of federal agencies in the prosecution of environmental offenses (criminal or administrative) under Brazilian Law 9.605 of 1998
DOI:
https://doi.org/10.6008/CBPC2318-3039.2019.001.0002Keywords:
Environmental Law, Environmental Infractions, Law 9,605/98, Administrative Sanctions, Criminal Sanctions, Competence of Federal AgenciesAbstract
The overly complex Brazilian legal framework compromises the understanding and operationalization of the action and administrative and / or criminal proceedings against environmental violators. In this sense, the general objective of this research was to describe the competence of federal agencies in the prosecution of environmental infractions (criminal or administrative) framed by Law No. 9.605 / 98, demonstrating the workflows of the agencies involved, through a functionalist typological survey. pertinent theoretical foundation, to provide Law operators with the necessary knowledge to act in this criminological segmentation. Finally, and thus the main object of this study, it is clear that all police agencies, whether administrative or judicial, at the international, federal, state and / or municipal levels, including all persons, have a duty to act to combat acts harmful to the environment in their broadest conception. Having at the federal level, the object of this observation, IBAMA, ICMBIO, the Federal Highway Police, and the Brazilian Navy Port Authority as federal administrative agencies, and the Federal Police as a federal judicial agency, all fit alone or in full, offer complaints and information to the State or Federal Prosecution Service, depending on the characteristics of the violation.
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