Crime ambiental praticado pelo poder público municipal: uma análise sobre a aplicabilidade da lei de improbidade administrativa

Abstract

The present paper approaches the relationship between the State and the environment, aiming to evaluate the inquiries opened by the Public Ministry of the State of São Paulo (MPSP) and by the Federal Public Ministry (MPF) of Jales of the 24th and 37th Federal Judiciary Subsection and verify the coercion and sanction of environmental crimes of acts and/or omissions of municipal public agents (mayors) in the face of the Administrative Improbity Law (LIA) arising from environmental damage. The study was carried out by collecting data from the MPSP and MPF from 48 municipalities in the northwest region of São Paulo, from procedures opened from January 2008 to August 2021 whose defendants were mayors and municipalities. After data collection, there was a tabulation and correlation with the bibliography, legislation and found jurisprudence. The opening of 120 procedures by the MPSP was identified, of which 90% were civil inquiries, 10% police inquiries and 606 procedures by the MPF of Jales, of which 99.8% of the open inquiries evolved into public civil actions. It is concluded that the MPSP of the districts and MPF of Jales have been fulfilling the constitutional duty in environmental protection, however, it was identified that the mayors end up not suffering sanctions from the Administrative Impropriety Law for environmental crimes. It was identified that the main purpose of the Federal or State Public Prosecutor’s Office is the repair of the damage and the cease of the activity that generates the damage, and not the agent’s coercion that performs or omits actions that generate the environmental damage.