Análise crítica do princípio da insignificância e sua aplicação no direito penal brasileiro
This master's thesis proposes a critical analysis of the so-called principle of insignificance and its application in Brazilian Criminal Law, which results in the recognition of the material atypicality of conducts that, at least formally, fall within the scope of incriminating criminal provisi...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/45403 |
| Acceso en línea: | https://repositorio.pucsp.br/jspui/handle/handle/45403 |
| Access Level: | acceso abierto |
| Palabra clave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Insignificância Bagatela Atipicidade material Impunidade Insignificance Triviality Material atypicality Impunity |
| Sumario: | This master's thesis proposes a critical analysis of the so-called principle of insignificance and its application in Brazilian Criminal Law, which results in the recognition of the material atypicality of conducts that, at least formally, fall within the scope of incriminating criminal provisions. The objective of the research is to assess whether there are legally sound criteria for the application of this principle or whether, by relying on subjective parameters to define which conducts are criminally irrelevant, the legal system strays from the original purpose of the theory of insignificance and from the prevailing understanding of what constitutes a negligible value for the Brazilian population. Initially, the study focuses on the theory of the legal interest protected by criminal law (bem jurídico-penal), whose protection is the core function of Criminal Law. Subsequently, both the explicit and implicit principles that support the existence of the principle of insignificance are examined. Next, the origin of the concept is analyzed based on the teachings of German criminal law scholar Claus Roxin, who coined the term in the 1970s. The thesis also explores the criteria established by legal doctrine and case law for recognizing so-called insignificant conduct, with references to judicial decisions and doctrinal positions on the application of the principle to various criminal offenses. Finally, after presenting critiques of the recognition of material atypicality in conducts that may be of lesser gravity—but not insignificant—, the thesis explores alternative legal mechanisms already provided for in Brazilian law, which may offer more reliable solutions to the issue of criminal liability, while upholding the principle of proportionality |
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