PRINCIPLE OF INSIGNIFICANCE IN THE BRAZILIAN LEGAL ORDER

Abstract

This study will analyze the principle of insignificance and how it has been applied in the Brazilian legal system. The principle of insignificance, also known as the bagatelle principle, is a legal doctrine that has been recognized and applied in the Brazilian legal system, especially in the field of criminal law. It establishes that the actions of the criminal justice system should focus on cases of greater relevance, leaving aside conduct of minimal gravity or insignificance. For an act to be considered insignificant, it must meet a number of criteria, which are generally analyzed cumulatively: minimal offensiveness, absence of social danger, low degree of reprehensibility and insignificance of the legal damage. The method used will be bibliographical research based on the references used, such as books, scientific articles, case law and legislation, focusing on the qualitative and descriptive technique, exploring all the points of greatest reference. In this way, it is possible to build considerations that help to understand the institute, which is applied when the damage to the protected legal asset is considered minimal, insignificant. In each specific case, a thorough analysis is required, together with some other principles of criminal law such as the existence of reasonableness and proportionality between the legal relevance of the injury and the punitive claim.