Aplicabilidade do princípio da insignificância nos tribunais pátrios em relação aos crimes de uso e tráfico de drogas previstos na Lei 11.343/2006

Abstract

The principle of insignificance as a criterion used to select criminally relevant behavior, from the point of view of the legal right, away from the typicality material, having as one of its corollaries the principle of harmfulness to the legal interest, which also ends up working, as well as the principle of insignificance, as a means of ensuring the "ultima ratio" of criminal law. Nevertheless, the patriotic courts as well as in the higher courts in relation to the use of crime and drug trafficking, defined in Law 11343-06, this principle is rejected on the grounds that the legal as well tutored in such crimes, or is, public health, due to its enormous importance, not behave this principle, producing judged that confront unequivocally the harmfulness of the practiced behavior, given the fact that the amount of drug, whether for consumption or trafficking, are irrelevant before such tribunais.Também claim dealing with abstract danger crimes, and so, again, would be away from the principle insignificant in relation to the mentioned crime. It remains that the two main arguments brought to bear, are insufficient to demonstrate at what point the tiny amount could affect the safeguarded legal asset, leaving demonstrated blatant disregard to the principle of insignificance before the harmfulness that the conduct would cause.