Princípio da insignificância nos crimes ambientais antropogênicos em áreas de agricultura familiar.

Abstract

The principle of insignificance, which seeks not to apply state punishment in crimes of less potential offensive to the legal good, is recorded in our modern law, and its application is common to crimes dealt with in the Brazilian penal code. However, with regard to their application in environmental law, the diffuse and collective rights stand out over those of individuals. Therefore, the extent to which such a principle covers the actions of the countryman is discussed. Thus, the present study aims to analyze the jurisprudential understanding of the principle of insignificance in environmental crimes committed by the family farmer. It aims to enable a scientific production that will help the legal operators to establish the claim of the parties, the predictability of decisions, the promotion of legal hermeneutics in the parameters of the courts in accordance with the dictates set by the Brazilian legal system. This is an exploratory research, with a qualitative approach, of bibliographic nature, which aims to be held in August and September 2019. The theoretical framework will be a set of jurispridential decisions of the Court of Justice of the State of Ceará, the Superior Court of Justice and the Federal Supreme Court and its main precedents on environmental crimes committed by family farmers, in order to observe the majority understanding. The data analysis will be comparative between the various jurisprudences considered, with subsequent discussion of the data based on the current legal system. The results will be arranged in chapters that elucidate from the historical milestones of environmental law to the current understanding of the application of the principle of insignificance to environmental crimes committed by rural men, object of study of this review, in order to subsidize the practice of environmental operators. right.