A incidência do princípio da insignificância nos crimes ambientais: considerações jurídico-penais e aplicação jurisprudencial

Abstract

Undoubtedly applied to the current Brazilian law, the principle of Insignificance generates disagreement about its focus on environmental crimes. In this impasse has not yet been granted a peaceful placement scholars and jurisprudential understanding. Thus, those who stand in contrast to the applicability of this principle in environmental criminal matters, underlie their understanding unable to verify the actual enhancement of damage to the ecosystem, as well as the constitutional protection of the environment as a fundamental and collective good. However, in light of the principles of fragmentary, minimum intervention of criminal law, and offensiveness, as well as the possibility of the application of civil and administrative sanctions for conduct detrimental to the environment, others argue the existence of petty behavior in environmental areas, compared to the scope of criminal offenses brought by Law 9605/1998. Faced with such controversy, this study aims to demonstrate the impact of Bickering principle of insignificance crimes through doctrinal foundations and jurisprudential analysis, stressing the need for proportionality in the basement and specificities of each case, in favor of reasonable and beset decisions justice.