APPLICABILITY OF THE PRINCIPLE OF INSIGNIFICANCE TO ENVIRONMENTAL CRIMES

Abstract

The principle of insignificance is based on the idea that criminal law should only intervene in conduct that causes significant damage to the protected legal asset. In other words, in situations where the impact of the crime is minimal or irrelevant, the State may choose not to criminalize or punish the conduct, since criminal law should be reserved for the most serious and relevant cases. There has been much discussion about its application to environmental crimes. This study aimed to analyze the legal aspect of the possibility of applying the principle of insignificance to environmental crimes in Brazil. It was based on a literature review, based on scientific articles, books, periodicals and current legislation on the respective subject. Data collection will be carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2024. In the results, the application of the principle of insignificance to environmental crimes is not uniform across the courts. There are decisions that apply the principle in cases of minimal environmental damage, while other decisions are more restrictive, arguing that the nature of the legal asset involved — the environment — justifies stricter protection, without flexibilities.