Análise acerca das ocorrências de crime de furto simples e a (in)aplicabilidade do princípio da insignificância

Abstract

The article in question proposes a critical analysis of massive criminal intervention in cases of simple theft, in opposition to the principle of insignificance, highlighting the departure from minimum criminal law. Observing the requirements for applying the principle of insignificance in these cases is crucial, especially given the frequency of crimes against property, in order to determine whether there is just cause for the criminal action to be processed. The effectiveness of imprisonment in cases of simple theft is questioned, considering the possibility of applying the principle of insignificance to exclude material typicality. Furthermore, it raises questions about the criminalization of poverty and legal rights and criticizes the broken windows theory, highlighting the importance of a more in-depth analysis of specific cases to understand the social and procedural perspectives of the accused in this context. The methodology adopted consisted of bibliographical research and qualitative analysis of three concrete cases. It is concluded that there is a need to evolve the understanding of legal practitioners, who continue to defend the punishment of small crimes under penalty of greater disorder, a factor that increasingly contributes to the maximization of the penal system.