A aplicação do princípio da insignificância aos crimes contra a Administração Pública no Brasil.

Abstract

The present work has a its theme the application of the Principle of Insignificance in the scope of the Criminal Law and the possibility of its implementation to the crimes against the Public Administration, as a form of exclusion of the criminal typicality. In this way, it is verified that such a precept is not expressly provided for in the Federal Constitution or in criminal legislation, and is therefore in charge of the doctrine and position of the superior courts of Brazilian higher courts is admissible or not. This time, the Principle of Insignificance (or trifle) has been applied to exclude conglobating typicity in certain modalities of crimes, that is to say, when negligible behaviors are carried out, which lack social reproach, being so irrelevant that they do not even deserve to be punished. However, the Superior Courts, Superior Court of Justice and Federal Supreme Court, present different positions regarding the crimes committed against the Public Administration, since the former understands that in view of the crimes in whick administrative morality is protected, it is not possible to renounce while the latter has broadly accepted the recognition to Public Administration. In order to do so, the historical-juridical and exegetical-juridical methods will be used. The applied methodology will be the bibliographical and documentary research technique. Therefore, the study will seek to demonstrate that the Principle of Insignificance is capable of excluding criminality on certain crimes, but that it encounters obstacles when the subject of the crime is the Public Administration. Before the study, it is perceived that each case must be analyzed in isolation to arrive at the conclusion of the fit or not of the principle of insignificance; the essence of the work is, therefore, in the principle and jurisprudential analysis that supports the theme. In a peaceful way, the Federal Supreme Court is positioned for the applicability of the bagatelle to crimes against the Public Administration.