O dano irrelevante ao meio ambiente gerado por pessoa física ou jurídica: a possibilidade de aplicação do princípio da insignificância nos delitos de acumulação

Abstract

The principle of insignificance is a concept that composes Criminal Law and is present to exclude the typicality material of conducts that does not offend the legal interest. The application of this principle is in agreement with multiple others, for instance the principle of minimal intervention, offense and proportionality, which assist in decision making and in the implementation of the sanctions to the agent. However, in regards to the environment, since it is considered a collective juridical good that needs to be conserved for further generations, part of this doctrine and the jurisprudence of superior courts defend the non-application of the principle of insignificance to disrupt the liability of the agent under the basis that the environment undergoes damages on a long term and, therefore, the practiced conduct is framed as a cumulative crime. The theory of cumulative infractions address that a certain conduct practiced alone may not cause any damage, although if accumulated with multiple others equal or similar to, will cause an irreversible damage to the environment. However, the impossibility to apply the principle of insignificance in the Theory of Cumulative Crimes confront various principles and fundaments of Criminal Law.