Memória e omissão: a tutela penal ambiental da coleção Memória Nacional
This work discusses the possibility for the State to criminally accountable when disrespecting the legal deposit regulation, signed by means of Law n. 10.994/2004, putting under threat the National Memory Collection. For this purpose, the theory of improper omissive crimes was used, placing it in...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8697559 |
| Source: | Revista de Direitos e Garantias Fundamentais, ISSN 2175-6058, Vol. 21, Nº. 3, 2020 (Ejemplar dedicado a: Revista de Direitos e Garantias Fundamentais, v. 21, n. 3, set./dez. 2020), pags. 237-278 |
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| Summary: |
This work discusses the possibility for the State to criminally accountable when disrespecting the legal deposit regulation, signed by means of Law n. 10.994/2004, putting under threat the National Memory Collection. For this purpose, the theory of improper omissive crimes was used, placing it in the field of environmental criminal law. It was observed that, although, in the case in question, there is apparently no normative support for the environmental criminal responsibility of omission, the integration of the Penal Code into the Law of Environmental Criminal Crimes serves as criminal protection for threatened assets. It is concluded that the economics of the legislator in dealing with the matter does not prevent solving the issue of criminal conduct by omission against the cultural heritage of the country.
Key-words: Cultural heritage. Environmental criminal law. Improprer omissive crime. Legal deposit. National Library (Brazil). |
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