Bem jurídico ambiental, tutela penal e aplicação do princípio da insignificância nos crimes ambientais

Abstract

The present dissertation aimed to analyze the (in) applicability of the principle of insignificance to crimes committed against the environment. Initially, the introduction about the developed research was presented, demonstrating the interest on the study of the theme, as well as the relevance of debating on the subject, given the importance of the environment for society as a whole. Then, we proceed to the analysis of the concept of legal good in a broad sense, going into the theme of the environment and its definition followed by the concept of environmental legal good, demonstrating the transindividuality of the good and its diffuse character. Then, a brief approach was made on the conceptualization of environmental damage, moving to liability arising from environmental damage; the types of liabilities arising from environmental damage (civil, administrative and criminal); and why the environmental good is protected under criminal law. Subsequently, the institute of the principle of insignificance was explained, its doctrinal construction and application, focusing specifically on its application, or not, with regard to environmental crimes, in view of the great complexity and magnitude of the environmental good and the impossibility of being economically valued; still in the same chapter, the Theory of Accumulation Crimes is addressed, with the aim of bringing to the research the importance of understanding the consequences of environmental crimes as a whole, and not in isolation. In continuation, a jurisprudential analysis of the Brazilian Courts - Courts of Justice, Superior Court of Justice and Supreme Federal Court - was made regarding the possibility of applying the principle of insignificance to environmental crimes, bringing up the various positions, understandings and justifications, both contrary and favorable, to the topic discussed here. Employing the principle of insignificance to environmental crimes, it is necessary, in addition to an analysis of the specific case and the assessment of all the consequences generated in the ecosystem, the minimum of objectivity regarding the questions to be analyzed, as well as in what is meant by meaningless damage to the environment. legal environment, considering its special relevance. For this, the hypothetical-deductive method was used in order to observe how environmental protection is established in the Penal Law and how it could increase penalties in order to provide greater protection in environmental terms.