A aplicabilidade do princípio da insignificância ao crime de moeda falsa

Abstract

This bachelor’s thesis aims to analyze the fundamental concepts of the principle of insignificance and the possibility of its application to the crime of counterfeit money(article 289, Brazilian Penal Code), in line with the postulates of the minimum intervention of Criminal Law and its subsidiary character; the limits of the punitive power of the State in the face of guarantees and constitutional principles. It is essential, therefore, an analysis of the protected legal interest by this criminal article, investigating the real possibility of compliance with the requirements of the aforementioned principle. It will analyze the established positions in the native and foreign doctrine, as well as the current jurisprudence that guides the Brazilian jurisdictional sphere. As for the methodology, the procedure used was the theoretical-legal. The purpose is referred to the very justification factor of the jus puniendi, asking if the imposition of the penalty in these cases is indeed essential. Concluding, in our opinion, as unsustainable the majority position by the inapplicability of this exclusionary cause in the case of an offense against the public faith.