Direito ambiental, políticas públicas e poluição sonora no município de Bento Gonçalves

Abstract

This research addresses the theme involving noise pollution. The number of situations in which conflicts occur due to noise pollution is large and, at the same time, diverse. Noise emissions are increased in urban and industrial centers and their auditory and non-auditory effects are closely related to healthy quality of life, well-being and health of the population. The related socio-environmental implications, however, go beyond the characterization of the environmental crime of causing pollution, provided for in the Environmental Crimes Law, as the abuses of rights and conflicts of interest that permeate the topic sometimes result in other crimes, such as, for example , bodily injury and homicides, in addition to the criminal misdemeanor of disturbing the work and rest of others. The main objective of the evaluation is to study noise pollution in the Municipality of Bento Gonçalves, from the point of view of Environmental Law and Public Policy. The research problem aims to clarify: to what extent the State, through public security or inspection bodies, can legally intervene, with administrative and judicial measures, in the fulfillment of the obligation to combat noise pollution? For that, two specific objectives were listed: The first is to study, from the point of view of legal dogmatics, the doctrinal concept of noise pollution and the specific Brazilian legislation, evaluating the relationship between the Environment and Noise Pollution, the concepts, characteristics and relationships, as well as reviewing the legal-normative regime on noise pollution, from the point of view of Constitutional Law, Urban Law, Private Law, Criminal Law and Traffic Law and the legal and normative regime of liability, investigating the issue from the point of view of administrative, criminal and civil. The second objective is to assess the problem of noise pollution in the Municipality of Bento Gonçalves, reviewing the legal-conceptual aspects of public policies on environmental protection, checking the environmental public policies in the Municipality of Bento Gonçalves, the municipal legal regulation in this matter noise pollution and, finally, studying the criminal indicators derived from police records and official assistance carried out by agencies with legal attribution of assistance and presented diagnoses and proposals for confrontation. At the end, it was verified the existence of legal instruments in various branches of law capable of being used by the State, both through security bodies and other inspection bodies with administrative police power, in compliance with the obligation to combat the noise pollution. However, the problem ends up being dealt with overwhelmingly by the Criminal Law and very little by the Sanctioning Administrative Power. [resumo fornecido pelo autor]