O princípio da insignificância na fase pré-processual: da impossibilidade de prisão em flagrante por crime de bagatela

Abstract

This work deals with the principle of insignificance, its historical and constitutional reasons, its definition, key features and their effects, especially its application in the pre-processing phase, both in criminal and in precautionary measures, specifically in prison in the act, determining the inability to apply such measure against the prison author of crime trifle. This work trying to bring a north to the application of insignificance, as such principle is not expressly provided for in Brazilian law, its application is often mitigated and when used, there is no uniformity in its application, this is the aim of this study to draw a line defined on the subject, trying to put the concepts and formulate an understanding, as uniform as possible, on the application of this important principle. For this we analyze the relevant authors who speak of the subject, its definitions and concepts that help to understand the insignificance, we also analyze the jurisprudence in particular the Constitutional Court, the STF delineated seeing how this principle, the analyzed application, finally, we will bring. We believe joining the concepts defined here to get to our understanding of the subject. Not expected with this work already exhausted the whole subject as discussed by great jurists but draw a starting point for analyzing the definitions on the subject may have a clearer idea about the principle of insignificance and its application.