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A aplicação do princípio da insignificância aos crimes ambientais : uma análise empírica da posição atual do STF, do STJ, do TRF4 e do TJRS
| Content Provider | Semantic Scholar |
|---|---|
| Author | Melo, Ana Carolina Carvalho De |
| Copyright Year | 2016 |
| Abstract | Environmental relevance and specialty made it a legally protected interest in criminal law. Intending to accomplish it, the Environmental Crimes Law (Law 9.605/98) was enacted, impoing sanctions against those responsible for harmful activities to the environment. However, despite alluding to an extreme important legally protected interest, the constitutional principles that guide criminal law in face of the fundamental rights and guarantees of citizens must be observed. In addition, Law 9.605/98 is criticized because of its breadth, which can make irrelevant facts legally to be considered as crimes. Therefore, doctrine and jurisprudence began to measure the effective relevance of criminal conduct for purposes of configuration of a environmental crime. In order to verify how the country courts have analyzed the question of the applicability of the principle of insignificance to environmental crimes, a conceptual and historical approach to the principle of insignificance and analysis of aspects related to criminal protection of the environment was carried out. Secondly, an investigation was carried out of decisions issued between 2013 and 2015, in the STF, STJ, TRF4 and TJRS. In total, 178 decisions were obtained and analyzed, seeking to demarcate criteria and jurisprudential trends. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://www.lume.ufrgs.br/bitstream/handle/10183/153356/001009809.pdf?isAllowed=y&sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
