A aplicação do princípio da insignificância aos crimes contra a administração pública.

Abstract

The present work is to search the application object of the Principle of Insignificance, within the framework of criminal law and the possibility of its implementation in crimes against the Public Administration, as a way of typicality criminal exclusion, with a view to understanding the doctrine, the position of the superior courts of Brazil and the controversial nature of the issue at hand. This principle has been applied to delete a typical material in certain modalities of offenses, namely with a view to making certain atypical behavior for the criminal law when this show unimpressive. But, in crimes against the Public Administration, the implementation of the Principle of Insignificance is still a question non-consolidated, it are offences under, mainly, administrative morality, which, for some doctrinal currents, preventing its use. Thus, it is difficult to the definition of what is a negligible conduct in front of values protected under criminal law in relation to Public Administration. To do so, you will use the methods and legal history (from the study on the incidence or not the principle of insignificance in the decisions of the superior courts over the years) and the Exegetical-legal (for the analysis of legal placements and the contradictions inherent in the theme). The methodology applied is the documentary/essay (for study and critical analysis of the brazilian Constitution, the Penal Code and of the doctrinal and case law necessary for the realization of results and essential to the subject in question). Soon, the study will seek to demonstrate that the Principle of Insignificance is able to delete the typicality on certain criminal offenses, but finding some obstacles when the taxable person of the crime is the Public Administration. In this way, the search result was condensed in three Chapters which state the relevance and timeliness of the theme to the collective and for the Academy, considering that the claim insignificance and your application is not consolidated and is still cause for doctrinal discussions and diverging positions in higher courts.