A descriminalização de condutas formalmente típicas, mediante a aplicação do princípio da insignificância.

Abstract

The present work focuses on analyzing the application of the principle of insignificance by the Federal Supreme Court. In these terms, we ask: what are the requirements used by the Supreme Court to employ the insignificance institute, decriminalizing formally typical conduct? The approach method used is deductive, in applied research of descriptive character, aiming to ascertain the decisions of the Supreme Federal Court in relation to the application of the principle of insignificance, in this way, the results will be presented in a qualitative way, from the collection of information in secondary sources, including books, articles, and Supreme Court jurisprudence. The study of the topic is of fundamental importance, since the criminal sanction is the natural consequence imposed by the State, on the agents who commit infractions typically foreseen, using the General Theory of Crime as a framing method. In addition, as the principle of insignificance is not expressly provided on the Brazilian law, the correct way of its application or restriction ends up being constructed concomitantly its use or removal in specific cases, especially, by the judgments of the Supreme Federal Court. Keywords: Principle of Insignificance. General Theory of Crime. Supreme Federal Court.