Elaboração de manual técnico de quesitos para perícias ambientais

Abstract

The Federal Constitution of Brazil (1988) deals in its Chapter VI with the right to an ecologically balanced environment and the duty of all Brazilians to defend it. The actions to defend these environments must be carried out by the responsible organs of public administration, being supported by technical knowledge from the reports produced by experts in forensic science. A widely used instrument in this process are the Technical Quests, which aim to direct the Expert what should be analyzed in a given expert examination. However, what is currently evident is a disjunction in the queries formulated and sent to the technical area, which ends up generating distortions in the purposes of the forensic investigation. Thus, the present study aimed to develop a management tool, with the objective of creating a Technical Manual of Questions for Environmental Examinations. The study area of the present project was the jurisdiction of the Regional Environmental Coordination of the Paranaíba and Baixo Rio Grande River Basins, composed of 26 Prosecution Offices for the Defense of the Environment of the MPMG and the 08 Regional Technical Criminalist Sections of the PCMG, where questionnaires were applied to gather primary data on the factors that impact the conclusion of the examinations and to analyze whether there is a difference between the two populations. Data from the Environmental Occurrence Management System of the Military Police of Minas Gerais and Military Fire Department of Minas Gerais were used, in addition to data from the Environmental Superintendence of Minas Gerais (SUPRAM) on environmental infraction notices in the region for the sample period from 2016 to 2020, totaling approximately 15,000 observations. In possession of the database, and subsidized by statistical tools, the conducts that generate environmental damage in the study area were determined, and after the initial treatment, 124 conducts were eligible and 44 of these together account for more than 90% of the cumulative frequency of occurrence, being for these 44 conducts (Group I (Pollution) - 6 Conducts; Group II (Water Resources) - 8 Conducts; Group III (Flora) - 15 Conducts; Group IV (Fishing) - 8 Conducts; Group V (Fauna) - 7 Conducts), and these conducts were selected to compose the Technical Manual of Questions for Environmental Examinations and then the specific technical questions were formulated for each of the conducts, aiming at the material representation of the expert evidence that configures the damage. With regard to the development of science and its application within Justice's auxiliary institutions, such as the Civil Police and the Scientific Police in the state and the Federal Police in the federal sphere, this Technical Manual of Questions for Environmental Examinations, developed in this project, aims to make its contribution to the evolution of environmental studies. It is necessary to have a clear communication between the technical sphere that will perform the environmental expert examinations and the legal sphere, which are the holders of the charges to be filed in court. With this in mind, this manual was created with the involvement of all the components that deal directly with the environment expert environment, which is so complex and specific, in the hope that its application will be fruitful in the protection of the environment and the elucidation of environmental crimes within the jurisdiction of the Regional Environmental Coordination of the Paranaíba and Lower Rio Grande Basins. Moreover, given its construction based on scientific rigor that was demonstrated during the project, its application in the study area as a pilot project by the Public Prosecutor's Office of the State of Minas Gerais will become a tool for improving the quality of technical reports on the environment, produced in the expert units of the Civil Police of the State of Minas Gerais, paving the way for its application throughout the state of Minas Gerais.