THE APPLICATION OF THE PRINCIPLE OF INSIGNIFICANCE IN PROPERTY CRIMES

Abstract

This study analyzed the application of the principle of insignificance in property crimes, focusing on simple theft, qualified theft, and fraud, based on the jurisprudence of the Brazilian Supreme Federal Court and the Superior Court of Justice, as well as contemporary criminal law doctrine. It aimed to understand the criteria adopted by the courts for recognizing material atypicality, especially regarding minimal offensiveness of conduct, absence of social danger, low degree of reprehensibility, and insignificance of legal harm. It was found that, in cases of simple theft, the principle was widely applied due to the low harmfulness of the conduct, whereas in qualified theft its application was more restricted due to circumstances indicating greater reprehensibility. In fraud cases, the application was even more limited, given the presence of deceit and higher disvalue of the conduct. Furthermore, divergences between the courts were identified, particularly concerning the relevance of recidivism and the specific circumstances of each case. It was concluded that the principle contributed to the effectiveness of criminal justice and procedural economy, although its broad application raised concerns about impunity and the encouragement of minor offenses.