Aplicação do Princípio da Insignificância frente a reincidência nos crimes de furto: análise da jurisprudência do Supremo Tribunal Federal e do Superior Tribunal de Justiça

Abstract

The present article intends to analyse the application of the principle of insignificance regarding the repeat offenders of theft on the Federal Supreme Court and the Superior Justice Court. Its purpose is to explore the issues from the mitigation of the principle of insignificance on the tried cases, as well as to investigate if it is possible to admit such mitigation in our penal system. The hypothesis supported - that is confirmed at the end - is that the crimes that are committed with the undermost harmfulness don't configure a tipical delict, therefore there cannot be a mitigation of the principle of insignificance upon the repeat offenders. It is concluded that there can't be a mitigation of the principle of insignificance in cases that the criminal is a repeat offender and the crime committed by them does not implicate any harmfulness to the protected legal asset, once the atipicity of the conduct by itself is able to absolve the defendant, whithout being necessary to take in consideration their recidivism.