POLICE ACTIVITIES AND THE PRINCIPLE OF INSIGNIFICANCE: AN ANALYSIS BASED ON THE UNDERSTANDING OF THE SUPERIOR COURT OF JUSTICE

Abstract

The purpose of this paper is to analyze the principle of insignificance applied to typical policing activities, in the light of the jurisprudence of the Superior Court of Justice (STJ). The principle of insignificance, which seeks to exclude the material typicality of conduct that does not result in significant damage to the legal good under protection, is frequently invoked in cases of lesser offensive potential. The analysis explores how the STJ has interpreted and applied this principle in different contexts of police action, especially in offenses of lesser offensive potential. This qualitative and quantitative study analyzes the STJ's decisions since 2004, which have and/or are related to the issue, in order to identify the consensus formed by the higher court. The results indicate a growing trend towards recognizing insignificance in small crimes, in order to avoid overloading the judicial system. It is concluded that the STJ's understanding reinforces the need for proportional police action in line with the principles of penal efficiency.