Recurso Em Sentido Estrito 0015374-81.2011.4.01.3500/go

Penal. Processual penal. Crime contra o meio ambiente. Art. 38 da lei 9.605/98. Princípio da insignificância. Aplicabilidade de forma excepcional. 1. O princípio da insignificância está fundamentado no princípio da intervenção mínima, consubstanciado na interferência da ciência penal somente naqueles campos em que os demais ramos do direito não possam solucionar as questões postas, e no princípio da fragmentariedade, que determina a repressão apenas das condutas mais graves, passíveis de causar distúrbios de monta à segurança pública e à liberdade individual, pois o restante deve ser resolvido pelos demais ramos do direito. 2. Segundo o STF, a aplicação do princípio da insignificância de modo a tornar a conduta atípica exige a ocorrência da presença de certos vetores, tais como: (a) a mínima ofensividade da conduta do agente, (b) a nenhuma periculosidade da ação, (c) o reduzidíssimo grau de reprovabilidade do comportamento e (d) a inexpressividade da lesão jurídica provocada. (HC 104117/ MT). 3. Incidência do princípio da insignificância no delito ambiental em questão de forma excepcional.

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