THE PRINCIPLE OF INSIGNIFICANCE AND ITS APPLICABILITY TO THEFT CRIMES

Abstract

This article addresses the principle of insignificance and its applicability to theft crimes, analyzing its consequences in the criminal sphere. The objective of the study is to examine how Brazilian courts have applied this principle in cases of theft and what the consequences of this application are. The research uses a qualitative methodology, through bibliographic and documentary research. The principle of insignificance emerged in German criminal doctrine and was disseminated in Brazil by professor Luiz Flávio Gomes. Initially, Brazilian jurisprudence was reluctant to accept the principle due to the lack of specific legal provision. However, from 2004 onwards, the Federal Supreme Court consolidated the principle, establishing criteria for its application, mainly in cases of petty theft. Despite the jurisprudential consolidation, there are still divergences and contradictory decisions regarding the application of the principle of insignificance, demonstrating that it is a recent and evolving jurisprudential construction. Some debaters defend more rigorous criteria for its application. The study concludes that the principle of insignificance has established itself as an important instrument of restrictive interpretation of the criminal type, corroborating the idea of ​​minimal intervention by Criminal Law in less serious cases. The jurisprudence of the higher courts will play a decisive role in defining the contours of its application.