CRIMES CONTRA A FLORA, ANÁLISE DA LEI Nº 9.605/1998

Abstract

Crimes involving the Brazilian flora are disciplined between Articles 38 and 53 of Law No. 9,605/1998. In this context, the present study seeks to analyze these articles and understand the crimes that can be committed against the Brazilian flora, as well as which criminal penalties are appropriate in the cases presented. Based on this, the general objective is the normative study of the law in question, and to do so it was necessary to expose some specific objectives, at first it was about the environment, through concepts and characteristics, secondly addressed on environmental law, based on the Brazilian legal system and its principles, and finally were exposed the crimes against fauna, starting with initial concepts and characteristics, going through the analysis of crimes against flora. For this purpose, the following methodology was used, as to the objective of the research was descriptive. Regarding the research, this was qualitative, with the evaluation analysis of the bibliographic materials used. The approach used was deductive and the research technique was bibliographic research. In the end, it was possible to contact that even though there are several devices that deal with crimes against fauna, a broader and more effective approach is still needed, especially in view of how this criminal practice insists on remaining in the Brazilian legal system.