The applicability of the principle of insignificance to environmental crimes: an analysis of HC 143.208/SC

Abstract

This article proposes an analysis of the applicability of the principle of insignificance to environmental crimes, focusing on the decision of Habeas Corpus 143.208/SC by the Superior Court of Justice (STJ). The principle of insignificance, also known as the trifle principle, establishes that, cumulatively, conduct of minimal offensiveness on the part of the agent, no social danger of the action, a very low degree of reprehensibility of the behavior and insignificance of the legal injury should not be considered criminal, even if formally typical. However, its application to environmental crimes has been the subject of controversy, given the importance of environmental protection and the social and economic impacts of such conduct. Thus, we sought to elucidate the way in which the State exercises environmental protection, especially criminal protection. Afterwards, we sought to describe the principle of insignificance and its elaboration by Claus Roxin. And, finally, the application of this principle to environmental crimes was demonstrated. This research will examine the specific case of Habeas Corpus 143.208/SC, analyzing the arguments presented by the parties, the position of the STJ and its implications for jurisprudence.