Application of the insignificance principle in crimes against public administration

Abstract

The purpose of this article is to analyze an existing controversy between Brazilian doctrine and the divergence between higher courts when it comes to the application of the principle of insignificance to crimes against the Public Administration. The general objective is to analyze the application of the principle of insignificance in crimes against public administration. Thus, this study deals with the concept of public administration; addresses crimes against public administration; analyzes the principle of insignificance and demonstrates the possibility of applying the principle of insignificance to crimes against public administration. Use qualitative methodology and deductive approach method. The doctrinal opinion in its agrees that the principle is applied in certain crimes, when the atypicality is configured. The opinion of the Supreme Court was, until a few years ago, in line with the doctrine, arguing that when the elements added to the configuration of the principle are present, there is no need to speak of inapplicability. Currently, there is a contrary ruling by the Supreme Court on the applicability of the principle to deliberate crimes. It is true that the Superior Court of Justice has a summary that diverges from the doctrine and decisions of the Federal Supreme Court, however, it is possible that it makes sense to apply the principle when there is atypical behavior, since judicializing and criminalizing conduct that caused inexpressive legality causes the State has more burdens, hinders the speed of the Brazilian judicial courts in judging cases that really need the attention of the Judiciary, in addition to overloading the prison system. Thus, the question is: What is the feasibility of applying the principle of insignificance in crimes of Public Administration?