A aplicação do princípio da proporcionalidade como proposta de superação dos conflitos oriundos do direito penal ambiental simbólico e do risco

Abstract

The ecological crisis and the appear of the penal environmental law (symbolic and involvingrisk) unleashed the crisis of the classical penal law. The conception of the liberal penal law – rights of first dimension – doesn`t support the appropriate solution to hard cases about the environmental legal protection, diffuse rights – rights of third dimension. The link between the dimensions of rights works like an instrument for a solution about the complexes hard cases involving the environment application of the Proportionality Principle. This “Principle of Principles” would work like mediator of conflicts between fundamental rights, bringing them up to date in the necessary measurement of the new sense of the important social assets in the present time, like the environment.