A NÃO APLICABILIDADE DO PRINCÍPIO DA INSIGNIFICÂNCIA NOS CASOS DE FURTO DE BAGATELA E DE FURTO PRIVILEGIADO QUANDO HÁ REINCIDÊNCIA

Abstract

Regarding the present work on the theme “The non-applicability of the Principle of Insignificance in cases of petty theft and privileged theft when there is a repeat offense”, it is important that higher courts consider the seriousness of the crime in relation to the specific circumstances of each case. In this article, the reasons why the majority of courts insist on not applying the aforementioned principle in the event of the defendant's repeat offense will be examined. In relation to recidivism, it is understood that whether the agent is a repeat offender or not, this should not be taken as a factor preventing the recognition and applicability of the principle.