APLICAÇÃO DO PRINCÍPIO DA INSIGNIFICÂNCIA: A CONTRIBUIÇÃO DO PRINCÍPIO DA BAGATELA NA EFETIVIDADE DA PRESTAÇÃO JURISDICIONAL PENAL NOS TRIBUNAIS SUPERIORES BRASILEIROS

The principle of insignificance derives from the principle of minimum intervention; its application excludes the material typicality in crimes devoid of criminal relevance, called petty crimes. The applicability of the principle is based on the doctrine and jurisprudence consolidated by Brazilian courts, with emphasis on the guidance of the STF, which established objective and subjective criteria for using the principle. This article aims to show, based on concrete data from the higher courts, the contribution of the principle of insignificance to the functioning and effectiveness of criminal justice. The study was conducted from a deductive theoretical approach, through bibliographic and documentary research, including doctrines and scientific publications, which fostered organized theoretical knowledge about the principle, highlighting its historical construction, concepts and classifications, as well as its effective use in decisions handed down by the higher courts.

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Publication Details

Journal
Revista fisio&terapia.
Published
2025-05-17
DOI
https://doi.org/10.69849/revistaft/fa10202505170118
Primary Topic
Brazilian Legal Issues
Type
article
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article

APLICAÇÃO DO PRINCÍPIO DA INSIGNIFICÂNCIA: A CONTRIBUIÇÃO DO PRINCÍPIO DA BAGATELA NA EFETIVIDADE DA PRESTAÇÃO JURISDICIONAL PENAL NOS TRIBUNAIS SUPERIORES BRASILEIROS

Gustavo Luís Mendes Tupinambá Rodrigues, Antônio José Henriques Costa
Revista fisio&terapia.
Brazilian Legal Issues
article

APLICAÇÃO DO PRINCÍPIO DA INSIGNIFICÂNCIA: A CONTRIBUIÇÃO DO PRINCÍPIO DA BAGATELA NA EFETIVIDADE DA PRESTAÇÃO JURISDICIONAL PENAL NOS TRIBUNAIS SUPERIORES BRASILEIROS

Gustavo Luís Mendes Tupinambá Rodrigues, Antônio José Henriques Costa
article en

Abstract

The principle of insignificance derives from the principle of minimum intervention; its application excludes the material typicality in crimes devoid of criminal relevance, called petty crimes. The applicability of the principle is based on the doctrine and jurisprudence consolidated by Brazilian courts, with emphasis on the guidance of the STF, which established objective and subjective criteria for using the principle. This article aims to show, based on concrete data from the higher courts, the contribution of the principle of insignificance to the functioning and effectiveness of criminal justice. The study was conducted from a deductive theoretical approach, through bibliographic and documentary research, including doctrines and scientific publications, which fostered organized theoretical knowledge about the principle, highlighting its historical construction, concepts and classifications, as well as its effective use in decisions handed down by the higher courts.

Revista fisio&terapia.Vol. 29(146)
Openalex Percentile: Top 83%
Brazilian Legal Issues
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