FAMÉLICOS THEFTS: THE (DES)NEED TO MOVE THE PUBLIC MACHINE IN CRIMINAL PROCEEDINGS

Abstract

Criminal prosecution is the procedure that ranges from the commission of a crime to the final judgment of conviction, thus, it is understood that costs are generated to the state machine. Therefore, this paper aims to analyze the state responsibility, taking into account the principle of co-defense of guilt, as well as to question the need for measures adopted by the State in the criminal prosecution of theft, given the high costs and misfortunes generated to the accused, taking into account the low harmfulness to the legal good protected and the intrinsic relationship of social factors with criminal practices. Therefore, the present project foresees the possibility of adopting less burdensome and more beneficial measures, because, in face of the data obtained, it is clear that it is necessary to adopt measures to solve the problem, and it can be prioritized the destination of the Special Criminal Court, with the application of proportional and alternative measures to criminal proceedings, or even, through the meaning of the insignificance principle or the state of necessity. Furthermore, it was found that the measure to be taken by the State, co-responsible in the practice of the crime of theft of food, lies in the effective guarantee of social and fundamental rights to individuals.