Princípio da insignificância e sua relevância para o direito penal

Abstract

The principle of insignificance operates as vector interpretation of the offense, which is intended to exclude from the scope of the Criminal Law provocative behavior of tiny injury to the legal interests protected by it. This interpretation takes the form of contours of a valid measure of criminal policy, aiming beyond a carceirização unnecessary, de-bottlenecking of a Criminal Justice must occupy only the offenses as affecting the legal interests of this or that person as the corporate interests in general. The intervention of the criminal law is justified only when the legal ward have been exposed to a damage with relevant lesividade. Thus, the principle of insignificance arises as an instrument of narrow interpretation of the offense which, according to modern dogma, should be considered not only in its formal aspect, the fact of the subsumption rule, but primarily in their material content, imprint evaluative in the sense of its effective lesividade the legal right protected by the penal norm, consecrating the postulates of fragmentariedade and minimal intervention.