A aplicação do princípio da insignificância no crime de estelionato mediante cheque de pequeno valor sem provisão de fundos.

Abstract

The principle of insignificance, from its origin in Roman law, is intended to punish effectively relevant offenses, neglecting facts that do not interest the state, in accordance with the principle of minimum intervention. Although it is a principle that does not have express provision in the juridical order, it has been widely accepted by doctrine and the courts of the country, and the objective of this work is to emphasize the importance of applying the principle of insignificance in the crime of estelionato by check of small value without Provision of funds. The check, despite having lost space for more modern alternatives, has not lost its social and legal importance, since it is still widely used by millions of Brazilians in all the cities of that country. Regarding the methodology adopted, this research can be classified as bibliographical, using the deductive method, to analyze the check as a legal institute and credit title, the crime of stelionate and the application or not of the principle of trifle, gathering The main understandings, both in doctrine and jurisprudence, in order to define the majority position assumed by the Brazilian legal system.