Analise crítica da aplicabilidade do princípio da insignificância no direito penal brasileiro.

Abstract

This work brings the theme An analysis on the applicability of Bickering principle in the Brazilian criminal law: historical and legal aspects that guide this principle. Thus, the overall objective is to analyze the real meaning and scope of the principle of insignificance in the Brazilian criminal law. Have the specific objectives propose understand the historical and legal aspects of the principle of insignificance; reflect on the principle of insignificance and its close relationship with several principles enshrined in the criminal sphere and to reflect on the necessary requirements so that you can appeal to the principle of insignificance and in that case fits your application. To achieve the proposed objectives, the adopted methodology consists of a literature review, from reading and book report texts in books, magazines, periodicals, articles and electronic media, on websites that offer studies of this issue. The principle of insignificance has the main effect of the atypical behavior, materially atypical facts - departs therefore material typicality - should offend, sufficiently, well, about to lead to state action; if the injury caused to the legally protected interest is negligible, the criminal law should not engage in such action because it is not typical. Given the above, even in summary form, it is concluded that, given a tiny injury to a legally protected interest supervised by the Criminal Law, one should certainly apply the principle of insignificance.