APPLICATION OF THE PRINCIPLE OF INSIGNIFICANCE IN ENVIRONMENTAL CRIMES

Abstract

This article aims to investigate the applicability of the Principle of Insignificance in crimes committed against the environment, taking into account the importance of legal protection of the environment in national law. In view of this reflection and research, we seek to understand the procedures adopted in the judgment of crimes committed against the environment, as well as the applicability or not of the Principle of Insignificance to the aforementioned criminal type. It is worth remembering that the 1988 Federal Constitution guarantees the protection of environmental protection in the criminal, civil and administrative spheres. The research addresses the historical context of the Principle of Insignificance, the protection of the protected property and the applicability of the aforementioned principle in environmental crimes. For the development of this article, research was carried out on current legislation, using as a parameter the analysis of the Magna Carta and Law nº 9,605/98, as well as national jurisprudence. It is concluded that, although the Principle of Insignificance can be applied to environmental crimes in Brazilian law, its use needs to be carefully considered, observing the severity of the damage, the protected legal interest and the reprehensibility of the conduct.