A incidência do princípio da insignificância nos crimes contra a administração pública

Abstract

This monograph aims to analyze the incidence of the principle of insignificance in crimes against Public Administration. For the analysis of the topic, through a bibliographical research, will be exposed, throughout the text, the conceptualization of key terms that involve the matter such as Public Administration, the guiding principles of Public Administration (Supremacy and unavailability of public interest, legality, presumption of administrative legitimacy, morality and probity, efficiency and impersonality), because it subjects with the understanding of such terms will be possible to reach the systemic evaluation of the proposed theme. It then clarifies about the Public Administration in the Brazilian Penal Code, bringing general aspects about crimes against the Public Administration, presenting its main crimes, highlighting the application of the principle of insignificance in these. Soon after, it will be carried out to the study of understandings signed in the scope of the Superior Court of Justice and in the Supreme Federal Court. In view of all the facts presented in the present work, it is observed that the principle of insignificance can be applied in crimes against public administration, provided that the requirements established by the STF for the application of the principle are fulfilled. Criminal Law should not be concerned with minimum conduct, where the very punishment of the alleged criminal would be more damaging to the system than his freedom.