Análise sobre a aplicação do princípio da insignificância nos crimes ambientais

Abstract

Human actions detrimental to environmental resources are called environmental crimes. In Brazil, for the first time in a specific way, these behaviors became typified by Law no. 9.605 / 98, whose purpose is to apply sanctions to environmental offenders. Environmental crimes are included in the criminal sphere, so it is necessary to understand how the principles of this branch, especially that of insignificance, are applied by the country courts to enforce environmental (in) justice. The principle of insignificance seeks to give assistance to the interpreter when analyzing the criminal type, with the purpose of eliminating from the scope of incidence of the law in concrete cases situations evaluated as trifles. Thus, the general objective of this work is to analyze the applicability of the principle of insignificance in environmental crimes. The present study used the exploratory methodology, through the method of bibliographic research, the jurisprudential study and the interpretive research technique. Two case studies of the Federal Supreme Court (STF) and three of the Superior Court of Justice (STJ) were analyzed, based on information from the respective courts on the subject. Finally, it was analyzed that both courts have already decided on the possibility of applying the principle of insignificance, but already in the same case decided differently, which questions the limit of the subjectivity of the application of insignificance in the environmental field.