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.
Authors
- Gustavo Luís Mendes Tupinambá Rodrigues (ORCID: https://orcid.org/0000-0001-9402-3032)
- Antônio José Henriques Costa
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
- Field-Weighted Citation Impact
- 0.00