THE PRINCIPLE OF INSIGNIFICANCE IN CRIMES AGAINST THE PUBLIC ADMINISTRATION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This course conclusion work seeks to show whether it is possible to apply the criminal principle of insignificance in crimes against the Public Administration. It appears that such a principle is not provided for in the Federal Constitution or in criminal legislation, being, therefore, in charge of the doctrine and the position of the higher courts as to its applicability or not. The Principle of Insignificance, also known as the trifle principle, has been applied to exclude the typicality of conduct considered irrelevant, conduct so insignificant that it does not even deserve the application of a penalty. Research was carried out in jurisprudence and doctrines, thus aiming to understand the current position of the Superior Court of Justice and the Federal Supreme Court on the subject. Since there is no peaceful understanding on the matter. The STJ does not recognize the application of the principle when it comes to crimes against public administration, in order to protect administrative morality. The STF, on the other hand, has been recognizing in its jurisprudence the application of the principle of insignificance in functional crimes. Therefore, the arguments presented by the two courts on the subject will be analyzed, in order to prove whether the applicability of the principle is possible, how and when they happen, or if it is really inapplicable when it comes to crimes against public administration.