Principle of Insignificance in Brazilian Criminal Law
Keywords:
application, crimes against the administration, drug law, principle of insignificance, material typicalitySynopsis
Due to the importance of the subject, this monographic work aims to discuss the application of the Principle of Insignificance in Brazilian Criminal Law. The main objective is to develop a research on the application of this principle by the higher courts in crimes against the Public Administration and in the crimes of drug trafficking and drug possession for personal consumption. Furthermore, an explanation is made around the Principle of Insignificance, developing the concept, legal nature, requirements, formal and material typicality and the relationship with the Principle of Legality. The methodology used was the deductive method with empirical analysis of specific case law. The study ends, reaching the conclusion that the higher courts, as a rule, do not apply the Bagatela Principle in crimes against the Public Administration as well as in crimes under the Drug Law, but mitigate the application of this principle in some concrete cases in both criminal laws.
References
LAMENHA, Bárbara Lopes Ferreira; SILVA, Matheus Magalhães da; DUTRA, Nayara Guimarães. Princípio da insignificância no direito penal brasileiro. 2021. 20f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.