O principio da insignificância e a judicialização das condutas de bagatela.

Abstract

The principle of insignificance in criminal matters, endowed with normative precept, is an instrument that enables the kind of narrow interpretation, claiming that not all behavior that is subsumed under the prescription should be considered typical penal infraction. So offense Then, this paper aims to comment the possibility of apply this principle to exclude the judicial branch ducts considered insignificant, preventing its jurisdictionalization and consequent criminal response answer. That's because if you notice that often conduct irrelevant to criminal law are reported, prosecuted and judged without consideration of the need for criminal prosecution and the appropriateness and proportionality of the sanction given to the agent. In this fork, it should demonstrate: the ability possibility to use the principle of insignificance in the grounds of a judicial decision and the characteristics of pipelines which allow its implementation, focusing on the basic foundations of modern criminal law; the jurisdictionalization to these pipelines and the positioning of the Superior Court of Justice and the Supreme Court about the principle in question, what is done during the three chapters that make up the work, by employing the method of deductive approach, methods of procedure monographic and the technique of comparative literature. Research shows that even before the superior jurisprudence than there is failure at the principle beginning, which causes damage to the agent punished and land as a whole, since many law professionals, based on unfounded objections, insist on a judicial jurisdiction such behavior ridiculous. The necessary conclusion is that the problem requires urgent solution by editing a law that expressly denotes the possibility of using the principle of insignificance and taking a new stance by the operators of lawmakers, guided by the precepts of a criminal policy fair and proportionate.