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Dissertação
Penas e medidas alternativas nos crimes ambientais: um estudo de caso na comarca de Porto Nacional/TO
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 Tocantinen...
Autor principal: | Carvalho, Silvania Gonçalves de |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2021
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/3230 |
Resumo: |
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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. |