O princípio da insignificância à luz da jurisprudência dos tribunais superiores

Abstract

The present work studies the jurisprudential divergence of the principle of insignificance, discusses the objective and subjective requirements, addresses the historical origin, develops the concept by the Brazilian and foreign doctrine, points out the problems of the subjectivity of the principle of insignificance in concrete cases, discussing the application or not by the Superior Courts. The research will be developed through the bibliographic methodological modality, with a work plan elaborated, which will present, gather and carry out the study of the works of jurists and professionals working in the area of Criminal Law. The reflection on the principle of insignificance within the scope of the Federal Supreme Court and the Superior Court of Justice is extremely relevant, since this principle has been the subject of intense debate in the courts and in the Brazilian doctrine, as it is necessarily used in specific cases, the margin of discretion of the use of the principle in especially criminal proceedings, it leaves a great deal of legal uncertainty for those under jurisdiction and for the Brazilian Justice.