Criminal background

the (dis) need for the analysis of the person in the application of the principle of insignifi cance

Abstract

This article aims to analyze the criminal record: the (un)necessity of analyzing the Principle of Insignifi cance for the repeat off ender who practices a simple crime, typifi ed in the Penal Code, without considering the material typicality of the concrete facts of negligible expressiveness in disfavor of the victim, as well as his recidivism for the same or a diff erent crime, where such an act would not generate exaggerated or highly relevant property damage to society. It should be noted that the aforementioned principle applied to cases of people with a “dirty record” be supported by the judicial system, in addition to imposing limits on unnecessary demands and, being these avoided, by the non-applicability of the sentence, consequently generating a positive result within the prisons. /prisons. Thus, it appears that according to the doctrine and the STF, in order for the Principle of Insignifi cance to be applied in the specifi c case in favor of the accused, four conditions would be necessary, namely, the minimum off ensiveness of the conduct, the inexistence of dangerousness of the action, the tiny degree of disapproval of this action and the inexpressiveness of the injury caused. Finally, to carry out the present research, used as a research method, the descriptive bibliographic method in order to analyze the main theoretical contributions on the subject, using instruments that deal with the theme addressed, such as: Books, Newspapers, Jurisprudence, articles and monograph.