O RECONHECIMENTO DO PRINCÍPIO DA INSIGNIFICÂNCIA AO RÉU REINCIDENTE

Abstract

RECOGNITION OF THE PRINCIPLE OF INSIGNIFICANCE TO THE REPEAT OFFENDER

This article aims to analyze the application of the principle of insignificance, aiming to understand how subjectivity interferes in the application of the penalty to the perpetrator. The principle of insignificance is a principle of utmost importance in Criminal Law, but it cannot always be used when applying the penalty, since it is necessary to evaluate the possible criminal habitualness of the offender. It is known that the fact that such a discussion exists derives from the fact that, for some understandings, ignoring the recidivism of the accused would imply a breach of the legal norm. It is in this sense that the debate begins, mainly between the Court of Justice and the Superior Courts. To this end, a compilation of bibliographic data will be used, with numerous citations from renowned scholars in the area of criminal and procedural criminal law, in addition to case law, with the purpose of reaffirming assertions presented later. Keywords: Principle of insignificance; recidivism; bad antecedents; legal uncertainty.