Penas e medidas alternativas nos crimes ambientais: um estudo de caso na comarca de Porto Nacional/TO

Abstract

This is a conclusive technical research report presented to the Postgraduate Program Stricto Senso Professional and Interdisciplinary Masters in Jurisdictional Provision and Human Rights, from the Federal University of Tocantins, in partnership with the Superior School of Magistracy Tocantinense, in the Effectiveness Research line of Judicial Decisions and Human Rights, Sub-area of Human Rights and Effectiveness of Judicial Decisions. The research aimed to study and analyze the penalties and alternative measures applied in cases of crimes against the environment in the district of Porto Nacional-TO. The methodological path moved between theoretical and documentary studies, taking into account the new national and international notions of human rights related to research, as well as the interdisciplinary context surrounding the topic, in order to answer the question formulated at the beginning of the research, which is : whether the environmental criminal alternatives were effective with regard to the educational and conscientious objectives of the person in compliance. To this end, it listed all the environmental criminal alternatives applied in specific cases, from 2017 to 2020, with the 1st and 2nd Criminal Courts and Special Criminal Court of the Judicial District of Porto Nacional-TO. With the results obtained, it was possible to infer that it is necessary to adopt a more adequate model in order to achieve the educational character of the penalty and/or imposed alternative, and, consequently, to avoid recurrence. In this sense, meeting the requirements of the Coordination for the Improvement of Higher Education Personnel - CAPES, as it is a professional master's degree, the following proposals for final products of a professional nature were presented: 1) Social Technology aimed at improving the performance of the Center Execution of Alternative Penalties and Measures through the Environmental Awareness Project – CONAM, which created REFLECTIVE GROUPS for cases of environmental crimes in the region. This project was created by this researcher and advisor, in partnership with a CEPEMA civil servant and presented to the magistrates of the district of Porto Nacional-TO and other authorities in the environmental area on 05/14/2020, which did not start its implementation as a result of covid-19 pandemic. 2) Course for Professional Formation, in order to prepare the partner network which will attend the offenders of environmental penal alternatives. 3) Publishing Product, aimed at creating an online database of suggestions for environmental alternatives. And, 4) Creation of a Minute for the regulation of Reflective Groups as an environmental penal alternative, which will be forwarded to the Court of Justice of Tocantins, so that, after analysis, it can forward it to the National Council of Justice. Finally, he was able to conclude that, despite the numerous problems encountered during the research, it was successful and managed to achieve the desired results.