Da eficácia do Estado brasileiro no combate ao tráfico de animais silvestres: análise sob o prisma das penalidades descritas na Lei de Crimes Ambientais

Abstract

It is legal monograph with the plan to bring the matter involving the trafficking of wild animals in Brazil and the penalty imposed one who illegally removes animals from their natural habitat. On a large scale, the trafficking of wild animals intended for illegal trade. The illegal activity is among the most lucrative in the world. To earn high profits, it is estimated that every year 38 million animals are removed from their ecosystems around the world illegally. Brazil is among the countries supplying the international market because of its vast biodiversity. The disorderly withdrawal nature of animals, due to the traffic, has generated concern in non-governmental environmental organizations, the government and society at large, given that an ecologically balanced environment for current and future generations is a constitutional guarantee. The trafficking of wild animals today is one of the major species extinction threat factors. Each animal species plays a role in the ecosystem that when extinguished, the environmental damage is irreparable and the consequences aimed at everyone. The current legislation on environmental crimes establishes lenient penalties for those who commit crimes against wildlife. Offences of this nature are considered less offensive potential, the agent can be benefited with the criminal transaction or replacement of deprivation of liberty by the restriction of rights for a period of condemnation. Although there is the application of payment of fine, the penalty is very small if compared to those generated damage. The study is based on indicators of sustainable development for the years 2008 and 2012, which provides important information about the current scenario of the Brazilian fauna in relation to trafficking and illegal wildlife trade. The study also presents general and specific recommendations established by the 1st Parliamentary Commission of Inquiry to investigate the trafficking of animals and wild plants of the Brazilian fauna, after a careful work of the Commission to establish the reasons for the illegal trafficking of animals in the country. At the end of the study is issued a personal consideration of all the above.