THE PRINCIPLE OF INSIGNIFICANCE: AN ANALYSIS OF ITS APPLICABILITY IN THE HYPOTHESES OF RECURRENCE OF OWN BATTLE INFRINGEMENTS

Abstract

This article deals with the principle of insignificance: an analysis of its applicability in the hypotheses of recurrence of own bagatares infractions and has as its starting point the following problem: The principle of insignificance must be applied, even in situations of recurrence of infractions who are unable to harm the legally protected property? It starts from the hypothesis that application of the principle of insignificance even in cases of recidivism should prevail, regardless if the individual has already committed the same crime, as this will not aggravate the result of the conduct in question and, in a way, will provide conditions for the criminal law is really concerned with criminal crimes. It aims to analyze the consequences of the applicability or inapplicability of the principle of insignificance, in the event of recurrence of infractions that prove unable to harm the legally protected property. It is a qualitative research, analyzing and interpreting the phenomena based on the bibliographic foundation, combined with the realization of a field research using interviews with professionals in the field of Law, consisting of three subjective questions, aiming to understand the principle of insignificance and its applicability in the face the presence of the recidivism institute. From the understanding delimited in the present work, it appears that recidivism should not prevent conducts from being considered atypical due to insignificance, being analyzed the situations of recidivism, considering the requirement of the minimum condemnation of the conduct, providing conditions for criminal law really deal with criminal crimes.