Aplicação do princípio da insignificância na infração penal de alteração de edificação especialmente protegida frente ao paradigma da proporcionalidade

Abstract

In the contemporary landscape, the environment has been the subject of multiple protective action of the State. In the case of environmental law, this branch seeking protection through laws and principles can highlight the institute as an effective shield means of overturning the heritage value of landscape, ecological, tourist, artistic, historical, cultural, religious, archaeological, ethnographic or monumental. The criminal law environmental reserve specific crime in search of protection tipping, which is a violation of specially protected building alteration, typified in Article 63 of Law 9605/98. Then, the institute of tipping should be analyzed jointly in cornfields criminal and administrative. However, the slowness of the Brazilian judiciary, as well as the heavy burden of owning a well tumbled raises the analysis of the principle of insignificance as an instrument of proportionality, justice and achievement. The environmental criminal law should be used as a last resort and only when there is extensive damage to property specifically protected.