Aplicação do princípio da insignificância nos crimes cometidos por agentes reincidentes: análise de sua possibilidade

Abstract

The present study aims to examine the possibility of application of the Principle of Insignificance in crimes committed by recidivous agents . For this, the procedure is a general analysis of the Principle of Bagatelle, how it acts in the tripartite structure of the crime, its relationship with other tenets of criminal law and its evolution within the main Brazilian courts. Recidivism is also under investigation in this work, since it is necessary to find out if its measurement is possible when the Insignificance should be focused. Specific cases arising from the case law of the Supreme Court and the Superior Court of Justice will be mentioned and examined, in order to understand how is the positioning of our judges on the subject, making comments and reasoned criticism about them. In the end, the conclusion is that is possible, since the principle makes a certain fact atypical, informing that there is no crime, thus precluding the examination of recidivism, as this is viewed in a later moment.