International Journal of Advanced Engineering Research and
Science (IJAERS)
ISSN: 2349-6495(P) | 2456-1908(O)
Vol-8, Issue-2; Feb, 2021
Journal Home Page Available: https://ijaers.com/
Journal DOI: 10.22161/ijaers
Article DOI: https://dx.doi.org/10.22161/ijaers.82.34
www.ijaers.com Page | 266
Reflective Groups: Viable and Necessary Environmental
Penal Alternative
Angela Issa Haonat
1
, Angelo Ricardo Balduino
2
, Silvânia Gonçalves de Carvalho
3
,
Oseias Costa Rego
4
1
Professor at the Postgraduate Stricto Sensu of the Master's Program in Jurisdictional Provision and Human Rights at the
Federal University of Tocantins, Brazil
2
Federal Institute of Education, Science and Technology of Tocantins - Brazil
3
Stricto Sensu Postgraduate Program of the Master's Program in Jurisdictional Provision and Human Rights at the Federal
University of Tocantins, Brazil
4
Pedagogical Coordinator of the Citizenship and Justice Secretariat of Tocantins, Brazil
Received: 03 Nov 2020;
Received in revised form:
22 Jan 2021;
Accepted: 19 Feb 2021;
Available online: 26 Feb 2021
©2021 The Author(s). Published by AI
Publication. This is an open access article
under the CC BY license
(https://creativecommons.org/licenses/by/4.0/).
Keywords — Environmental Law,
Human Rights, Environmental
Criminal Alternatives, Environmental
Education, Reflective Groups.
Abstract— This article aims to present the evolution of environmental
criminal law in the Brazilian legal system, consequently of the Criminal
Alternatives, in face of the connection of Human Rights with
Environmental Law and the new world perspectives of protection of the
environment, through a thorough literature review. According to a
philosophical context about environmental problems and the evolution of
norms that protect nature, due to the ineffectiveness of environmental penal
alternatives, it is possible to understand that a punitive measure of an
educational and socially useful character is necessary, since everything
that involves man and the environment must be seen according to a
metaphysical-ontological construction, since they cannot be separated, due
to the fact that it composes nature itself. Thus, it concludes that it is
possible to include the Reflective Groups as a more viable criminal
alternative to the educational context when committing environmental
crimes, whether by individuals or legal entities. Although not included in
specific legislation, it is certain that this is the most viable alternative
because it provides the person in prison with the opportunity to promote
environmental awareness and education.
I. INTRODUCION
Environmental crimes have taken on alarming
proportions, which make it necessary for the Judiciary to
act effectively in the application of environmental
protection rules - in particular the Environmental Crimes
Law No. 9,605, of 02/12/1998 - according to the precepts
of the Constitution of 1988, it is still not widespread in the
legal environment, according to Antunes (2014).
To the violator of the ambient laws must be applied a
punitive measure of an educational and socially useful
nature, so as not to depart from society and especially from
the family the perpetrator of the offense when the penalty
imposed is served. The sanctions imposed on the
individual who committed such crimes should be
alternative measures that make the environmental
offending aware that the environment is a universal and
indispensable good to human beings, as authorized by the
Environmental Crimes Act and Law No. 9,795 of
27/04/1999 - which establishes the National
Environmental Education Policy - and defends Takada and
Ruschel (2012).