The application of the principle of insignificance in cases of recurrence

a reading on the position of the Supreme Federal Court

Abstract

This article dogmatically analyzes the principle of insignificance as an excluding cause of typicality within the systematics of typicality in the theory of crime in the analytical perspective. The analysis proposal is based mainly on the consultation of judgments of the Federal Supreme Court and its respective position regarding the possibility of recognizing material atypicality from the insignificance of conduct in the case of a repeat offender, having the following research-oriented problem: the factor of Can criminal recidivism serve as an impediment to the recognition and consequent application of the principle of insignificance? The conclusion was that recidivism is a point that must be understood as irrelevant for the purpose of investigating the typicality of a certain conduct, and it is therefore wrong to condition the application of the principle of insignificance to the possible primacy of the agent. The methodology used is exploratory literature review and jurisprudential research, guided by the methodological format by chance and convenience.