Considerações acerca da possibilidade de aplicação do princípio da insignificância no crime de corrupção passiva.

Abstract

In the Democratic State of Brazilian Law, the principle of insignificance presents itself with a basilar principle, which states that criminal law should not worry about trifles, just as incriminating types that describe conduct incapable of damaging legal good can not be admitted . Since the Charter of 1988 lists throughout its text several principles that should guide the infraconstitutional legislation as well as the relations between the subjects and the administrative activity itself, the principles that guide Public Administration, especially that of morality, are presented as important tools for an integrated, probative and efficient activity of public officials and managers, as well as being essential to avoid cases of corruption. It occurs that a discussion that has great relevance in the present day is about the possibility of applying the principle of insignificance in crimes against the Public Administration, especially in the crime of passive corruption. Such a debate is inflamed by the fact that the two largest Courts of the country - Supreme Federal Court (STF) and Superior Court of Justice (STJ) - have divergent understandings on the subject, which causes legal uncertainty regarding the possibility of divergent decisions for identical cases. From this problem, therefore, the present study was developed, with the general aim of analyzing the possibility of applying the principle of insignificance in the crime of passive corruption, evidencing the positions that the STF and STJ have on this issue. For that, in relation to the methodological aspects, the deductive method was used as method of approach, the historical and interpretative methods as procedure and the bibliographical and documentary revision was the research technique that allowed the construction of the theoretical reference that supported the present study.