Direito Penal Ecocêntrico: uma proposta de redefinição da vida como bem jurídico-penal tutelado e aplicação da pena

Abstract

The Brazilian Criminal Law proves to be a legal instrument incapable of protecting the natural environment in Brazilian territory, violating the healthy quality of life on Planet Earth. Recent studies point out that the reason for this ineffectiveness lies in the anthropocentric paradigm that permeates the ethical-moral substrate of Brazilian environmental legal-penal norms. In this sense, the main objective of this research is to discuss effective legal solutions for Brazilian Criminal Law, evidenced from a new ecocentric paradigm built in the field of ecophilosophy, ensuring legal and criminal protection of the natural environment from its vital intrinsic value. The research presents the following questions: How does Criminal Law face the relationship between human beings and non-human beings as members of the ecological community? What ethical-moral reasons prevent Criminal Law from practicing sustainable solutions to the problems of environmental crime? Is Brazilian Criminal Law capable of protecting the lives of non-human beings as a fundamental intrinsic interest? The hypothesis adopted in this work is that Brazilian Criminal Law is characteristically anthropocentric, facing the vitality of the natural environment as a heritage asset, subject to unsustainable degradation of exclusively human interest, and the change in this paradigm starts with the adoption of ethical-moral values ecocentrics for the formatting and interpretation of the Brazilian legal-penal system. Refers to basic research of the bibliographical and documentary type, applied to primary sources. Its domain extends through the legal-constitutional scenario, guaranteeing under article 225 of CF/88 that life depends on the preservation of the vital natural environment. The approach was qualitative on scientific studies, legal data sources and jurisprudential decisions. The method was deductive, explained through a process of information analysis that culminates in a conclusion. It is concluded, given the above, that Brazilian Criminal Law, a social instrument for the protection of fundamental goods, is ineffective in defending the natural environment due to the anthropocentric ethical-moral character of its normative framework. The solution identified as effective is the redefinition of this normative framework based on the bioethical-moral character of the ecocentric cultural movement, responsible for defending the life of every biotic being that makes up biodiversity on Planet Earth as a fundamental intrinsic value.