O princípio da insignificância como instituto processual penal

Abstract

The presente work sought to treat the principle of insignificance as an institute of criminal procedural law, manifested through the principle of prosecutorial discretion. In order to accomplish this objective, we sought to conceptualize and analyze the principle of insignificance as excluding material tipicality, as interpreted by majority doctrine and jurisprudence, as well as adressing the principle of mandatory prosecution. It was concluded that, in order to comply with the constitutional and infraconstitutional dictates, the ideia of mandatory prosecution gave rise to the ideia of prosecutorial discretion, being such notion the only one that allow effective proceeding by the prosecutor in the attainment of criminal policies, archiving the cases that do not desserve a criminal reprimand, such as the insignificante ones, and acting incisively in those in which it is present the public interest, with control mecanisms in any case. For the production of this article, we used the technical procedure of bibliographic research, consisting of reading specialized books and articles, as well as field research, embodied in the analysis of the supreme and superior courts, appling, lastly, the inductive method.