PRINCIPLE OF INSIGNIFICANCE IN THE CRIME OF SIMPLE THEFT

Abstract

This work discusses, through bibliographical research, the application of the principle of insignificance in the crime of theft, as a way of showing why in some crimes the perpetrator will not be punished with a sentence restricting freedom, so that the reader who often There is a feeling of injustice and impunity, come and understand this institute provided for in Brazilian legislation, being approached with ideas through Brazilian legislation, the most respected doctrine in the country and court rulings. In this way, the circumstance that it is possible to apply the principle title of this article, requirements, negative points of incidence of this institute and its application in the specific case were analyzed. Therefore, we conclude that the principle of insignificance excludes, within the tripartite concept of crime, the typicality of the conduct, and therefore the practiced conduct will not constitute a crime, and the agent cannot be punished with a sentence restricting freedom