Aplicação do princípio da insignificância na posse de drogas para o consumo pessoal.

Abstract

This monograph examines the application of the principle of insignificance in cases of drug possession for personal use, through a legal and jurisprudential analysis within the framework of Brazilian Criminal Law. The study aims to analyze the incidence of the principle of insignificance in cases of drug possession for personal use, seeking to understand its effectiveness in mitigating excessive criminalization within the Brazilian legal system. In this context, the research problem consists of investigating the efficacy and limits of the application of this principle in Brazilian jurisprudential decisions, considering the legal and criminal aspects related to the protection of individual rights and the fight against drug trafficking. To this end, the research uses the deductive method, based on bibliographic, legislative, and jurisprudential research, examining doctrinal positions and understandings of the superior courts on the matter. Thus, the work seeks to contribute to the academic and legal debate by promoting a critical reflection on the application of the principle of insignificance, its limitations and possibilities in the context of drug possession for personal use. In conclusion, the application of this principle represents an important instrument for containing the state's punitive power, requiring a balanced and careful interpretation, compatible with the constitutional principles of proportionality, minimum intervention, and human dignity.