A APLICAÇÃO DO PRINCÍPIO DA INSIGNIFICÂNCIA NOS CRIMES DE CONTRABANDO E DESCAMINHO

Abstract

This monograph analyzes the application of the principle of insignificance in the crimes of smuggling and embezzlement, crimes provided for in articles 334 and 334-A of the Brazilian Penal Code. The principle of insignificance seeks to remove the criminal nature of conduct that, despite being formally illicit, does not cause relevant harm to the protected legal interest. In the context of smuggling and embezzlement, debate about the application of this principle is frequent, especially in cases of low economic value. The jurisprudence of the higher courts has demonstrated an oscillating stance, sometimes admitting the application of the trifle due to the little expressiveness of the injury, sometimes rejecting it under the argument of the need to protect the public interest and combat practices that, although of small value individually, cause cumulative losses to the State. The study was carried out using an analytical-deductive methodology, as well as a bibliographical review, together with jurisprudential and empirical research, due to direct practical action with these crimes, emphasizing the analysis of objective and subjective criteria that guide the application of the principle, as well as the implications for economic criminal law and Brazilian criminal policy