Tráfico de animais silvestres: uma abordagem verde criminológica sobre os tipos penais da Lei n° 9.605/98

Abstract

The crime of wildlife trafficking is typified by the Environmental Crimes Law (Law nº 9.605/98), criminalizing some of the conducts related to wildlife rade. However, the article 29, caput, does not criminalize conduct related to reception, transportation and sale of those animals, period in which animals are handled by traffickers and are exposed to the worst abuses, suffering with a high mortality rate. The § 2º, of the article 29 provides that, in cases of domestic custody, if the animal is not considered an endangered species, the penalty may not be applied. Being considered the third biggest crime in the world, animal trafficking is directly responsible for the removal of 38 million specimens from their natural habitats annually in Brazil, causing harms in the most diverse areas, being a crime that harms the life of wild animals and nature as well. That said, in this work we sought to highlight the reason why there is a perpetuation of acts against the life of wild fauna, through a ructure that defines which environmental crimes will be held responsible, and how this corroborates the negligence of main victims of crime: wild animals. Through green criminology, it was possible to visualize the phenomenon of labeling in the Environmental Crimes Law, selecting individuals who will be considered criminals, as well as how the aforementioned legislation keeps perpetrators of crimes against animal life away from fair accountability and, consequently, it causes harm to the protection of wildlife