Possibilidade de aplicação da insignificância no crime de contrabando na hipótese de importação de bem de uso pessoal

Abstract

The purpose of this work is to analyze the application of insignificance principle to smuggling, especially in the conduct of importation of prohibited goods for own use, exceptionally made by the Superior Court of Justice and Federal Regional Courts. The main objective is to study that the incidence of this principle could become the rule regarding the mentioned action. The methodology consisted in the bibliographical, legislative and jurisprudential analysis on smuggling and its relation to trifle crime. To do so, it seeks to study, at first, the smuggling crime and its historical contextualization, as a mechanism accepted in part by the Portuguese Crown, also the main and current problems faced by the Federal Government to repress the crime and finally its modern repercussions from different profiles inserted on this crime, exposing the distinctions between the usual smugglers and the mere importer. Later, the insignificance principle, its origins, location in crime theory, correlation with legal rights protected by criminal law, and the principles of legality, minimal intervention, fragmentation and proportionality are examined. Afterwards, it is tried to demonstrate the fit of trifle crime on the conduct of importation of irregular products for personal aim, considering the requirements demanded by the Federal Supreme Court for that purpose. In the end, it is suggested new parameters in order to avoid unfair criminalization of purchasers of well-prohibited abroad.