Controvérsias na aplicação do princípio da insignificância pelos juízes e tribunais pátrios

Abstract

It's about the controversies of the application of the principle of insignificance by the judges and courts of Brazil. It treats about the weeding of adoption of a Minimum Criminal Law as the best way to solve the legal and criminal problems for which the society is undergoing. The Criminal Law should be responsible for protecting on1y the most relevant social legal goods. The principle of insignificance act as a restricted interpretative helper in the incidence of the criminallaw in a concrete case of injury situations in a legal good criminally protecting that, although that condition, in fact, has a minimal social value. The examination of case law shows that the principle in focus has a peaceful acceptance. However, its application, is showed controverted conceming to the valuation of the object and the hypotheses that are not relevant, while there is no legal and/or doctrinal enough treatment. In general terms, the analysis about the insignificance should be guided by good sense and ideal of reasonableness by the law user and should be accepted whenever possible.