CONTRADICTION AND BROAD DEFENSE IN THE INVESTIGATION OF ENVIRONMENTAL INFRACTIONS

Abstract

There are several doubts and questions about the procedure adopted by environmental protection and inspection agencies, mainly regarding the way in which the approaches are carried out and sanctions are imposed on landowners and possessors. The reason for the divergences is the establishment of sanctions through an administrative process for investigating environmental violations whose procedure is not known to a large part of the population. Because of this, the research discusses the adversarial system and full defense as procedural instruments for combating injustices and undue convictions for environmental violations, with the objective of analyzing whether the administrative process for investigating environmental violations guarantees the accused the constitutional right to adversarial system and full defense. In order to achieve the expected result, bibliographical research methods were used, with materials obtained from doctrine and jurisprudence, analyzed through qualitative research. Also classified as exploratory, the scientific research presented the results obtained through the presentation of the understanding adopted by the Brazilian Judiciary, through transcription of excerpts and citation of case law, demonstrating that failure to respect the guarantee of adversarial proceedings and full defense may render the environmental administrative process null and void for not ensuring the right of defense of the person charged.