A ponderação como mecanismo de solução de conflitos entre princípios norteadores do Direito penal ambiental.

Revista Brasileira de Políticas Públicas

Michelle Lucas Cardoso Balbino¹ 

关键词: análise;    econômica;    direito;    proteção;    consumidor;    eficiência;   

DOI  :  

学科分类：社会科学、人文和艺术（综合）

来源: Centro Universitario de Brasilia

【 摘 要 】

Throughout this study, it was attempted to find out which principle should prevail in cases where there is conflict between the principle of In Dubio pro Reo and the Principle of In Dubio pro Natureo. It is known that if there is a collision between principles, this collision should be analyzed based on weighting method, as well it should apply the technique of sopesamento, in the searching of the collision’s solution. At the end it was concluded that in case of environmental crime, having a conflict between the principles of In Dubio pro Reo and the Principle of In Dubio pro Natureo, the judge shall consider with proportionality the use of principles, backed by the circumstances of each case to determine which principle should prevail, being sure that the Principle of In Dubio pro Reo can only thrive if there is no major damage to the environment, since otherwise, the Principle of In Dubio pro Natureo must prevail.

【 授权许可】

Unknown