O princípio da insignificância na criminalização de condutas atípicas

Abstract

This article explores the application of the principle of insignificance in the criminalization of typical conduct, through bibliographical research. To understand this concept provided for in Brazilian legislation, relevant doctrinal definitions and judicial decisions were examined, together with the current legislation itself. In this way, the analysis covers the conditions under which this instrument can be applied, requirements, the limitations of its applicability and its relevance to a specific case. It was possible to conclude that the principle of insignificance can “exclude” the typicality of the conduct, in this way the practiced conduct may not constitute a crime when in a situation covered by these principle