Dano ambiental (in)significante: uma análise sobre a incidência do princípio da insignificância em crimes ambientais

Abstract

The research deals with the principle of insignificance and its application in cases involving environmental crimes. The environment, constitutionally consecrated as a well of all, has suffered many harmful human interferences. Thus, in a first moment, we seek to understand the environment as a legal good protected by the Brazilian legal order, as well as the need for its criminal protection. From the confirmation of the quality of fundamental right of the environment is questioned if there is environmental damage that can be considered insignificant and allows the application of the principle of insignificance. It is also evaluated the recognition of the principle of insignificance as a legal-penal principle that has normative force and is capable of acting as an exclusion of typicality. Thereby, we proceed to the identification of the grounds capable of justifying the application or not of the principle of insignificance in environmental crimes. Finally, with the examination of cases occurred under Law nº 9605/98’s surveillance, the Superior Court of Justice’s criteria is analyzed for that principle’s use in environmental issue. For this, the investigation occurred by the deductive method and in the procedural aspect it is characterized as bibliographical and documentary.