O Princípio da Insignificância e o Entendimento Tribunais Superiores Sedimentado pela doutrina e jurisprudência o Princípio da Insignificância é objeto de divergência quando se trata de sua aplicação pelos Tribunais Superiores que vêm flexibilizando jurisprudência já consolidadas e decidindo de forma diferente sobre casos que tratam do mesmo objeto em um curto espaço de tempo levando à insegurança jurídica.

Abstract

This work deals with the Principle of Insignificance which, although enshrined in national jurisprudence and doctrine, is not included in Law 2,848 of December 7, 1940, Brazilian Penal Code (CPB), despite this, it has been systematically applied to specific cases, including relaxing precedents. In view of this, it is extremely important to demonstrate the feasibility and possible impacts of inserting the Principle of Insignificance into the CPB, therefore, as a general objective, a study will be carried out on the application of the Principle of Insignificance with the purpose of demonstrating its real importance for society and that there is no organization regarding its application, subsuming specific cases to the applicability requirements in view of the judge's understanding, and as a specific object of study, topics involving different judgments will be addressed (in the light of doctrine and jurisprudence), demonstrating the dissonance between them based on doctrinal methodology, since the topic has already been settled by the doctrine that treats it in line with the decisions of the higher courts and, to this end, the majority doctrines will be taken without neglecting the minority ones, as they also are important for the debate in the legal sphere, especially when investigating what is “insignificance” or “insignificant” to the point of justifying the removal or not of a crime after analyzing the applicability requirements in light of doctrine and jurisprudence, observing what is understood and what has already been decided by the higher courts, making it clear why this is adopted and not giving the reader a reference to also be able to reflect on the topic from various perspectives and be able to form their own opinion, divergent or not, expanding the debate, because, as we know, “the law accompanies society”.