The crime under Article 56 of the Environmental Crime Law and the principle of legality.
- pinheiromthais
- Feb 18
- 1 min read
In the state of São Paulo, the police authorities have considered that the storage of any quantity of controlled chemical products without a license issued by the Civil Police, in violation of State Decree 6.911/1935 and the notice of August 9, 2003, issued by the Division of Controlled Products of the Civil Police of the State of São Paulo, would constitute the offense outlined in Article 56 of Law 9.605/98 (Environmental Crimes Law).
However, this interpretation should be approached with caution and warrants criticism. The criminal legislation explicitly states that the storage of toxic substances harmful to human health, in violation of the requirements established by law or its regulations, constitutes a crime. This is what is known as a "blank penal norm," meaning it requires a complementary infraconstitutional norm to complete the criminal offense, namely, a "law" or "its regulation" that can be infringed.
