The Principle of Insignificance and Environmental Law

• DOI: 10.22533/at.ed.21632923231010

• Palavras-chave: Principle of Insignificance; Environment; Environmental Crimes.

• Keywords: Principle of Insignificance; Environment; Environmental Crimes.

• Abstract:

  The article analyzes the principle of insignificance, and its foundations, applied to environmental crimes. In this sense, based on a conceptualization of criminal legal good, and the origin of the principle in question, its legal nature, conceptualization and requirements, we discuss the constitutional protection given to the environment in the 1988 Constitution, as well as in the environmental criminal legislation that emerged after CF/88. Taking this into consideration, the objective of the article is to understand the divergences between legal scholars and operators regarding the possibility of applying the Principle of Insignificance in crimes of an environmental nature, listing, to this end, the positioning and arguments present in the doctrine, as well as in the jurisprudence of the main national courts.