UNOPAR Cient., Ciênc. Juríd. Empres., Londrina, v. 15, n. 2, p. 193-199, Set. 2014.
Christiane Cruvinel Queiroza*
This article deals with the application of the principle of insignicance in the Brazilian criminal code. This principle is an instrument of narrow
interpretation of the criminal code. The prevailing analysis is that it is an excluding clause of material type. As this principle is implicitly
contained in the Brazilian constitution, it is a result of jurisprudential and doctrinarian construction and produces real effect in criminal
law. This principle nds its basis in the principles of the minimal state intervention, and principle of the fragmented and subsidiary character
of the criminal code. The principle of insignicance is applied to most crimes, except when crime type prohibits it. The Brazilian Supreme
Federal Tribunal established objectives and simultaneous guidelines to the application of the insignicance principle, including the reduced
amount of damage, lack of social dangerousness, reduced degree of public disapproval and inexpressiveness of the legal injury. Changes in
the jurisprudential interpretation, while not unanimous, have raised the debate about the applicability of the insignicance principle when the
individual has social disabilities. The agent’s habitual criminal conduct, in trie crimes, impedes the application of the insignicance principle
by affecting the disapproval of his conduct. Only a judgment can conclude about the necessity of the intervention by the criminal law as a
response by the State to the agent’s conduct.
Keywords: Principle of Insignicance. Vectors. Personal conditions. Offender.
A Não Incidência do Princípio da Insignicância Diante das Condições Pessoais Desfavoráveis
Non-Incidence of the Principle of Insignicance Facing the Personal Unfavorable Conditions of
the Individual Accused
de interpretação restritiva do tipo penal, posto à disposição