Princípio da insignificância e reincidência: uma análise a partir da teoria da Racionalidade Penal Moderna

This article explores the relation between criminal recidivism and the principle of insignificance in the Brazilian judicial context. More specifically, the question it poses is how to understand the requirement of non-recidivism of the defendant to the application of this principle, according to the recent jurisprudence of the Brazilian Supreme Court (STF). In order to analyze it, the article uses references from the theory of Modern Penal Rationality. Firstly, it carries out a literature review of this theoretical framework. Subsequently, it deals with normative issues related to the principle of insignificance, which is classified as a cause of exclusion of penal typicality. Furthermore, two decisions of the Supreme Court on the subject are analyzed. By comparing two different perspectives, the article explores how the association between non-recidivism and insignificance reinforce punitive aspects of Modern Penal Rationality, the hegemonic thought system in criminal matters.