A defesa da necessidade do furto: uma análise do furto famélico e o princípio da insignificância

Abstract

This research analyzes the application of the principle of insignificance in cases of hunger-driven theft, relating it to the rights and fundamental guarantees provided for in the 1988 Federal Constitution. It starts from the Brazilian social reality, marked by inequality and the lack of access to basic conditions for survival, which often lead individuals to commit petty thefts motivated by hunger. The general objective of the study is to understand how the criminal system has positioned itself in the face of these situations, in light of the principles of proportionality, minimal intervention, and human dignity. The specific objectives are: 1) to analyze the impacts of the covid-19 pandemic on the worsening of inequalities, criminality, and food insecurity; 2) to analyze the constitutional guarantees related to the issue; 3) to analyze the concept of hunger-driven theft as applied in Brazilian Criminal Law. The methodology adopted is qualitative, based on bibliographical and documentary research, covering doctrines, legislation, and rulings from higher courts. It is concluded that the application of the principle of insignificance in cases of hunger-driven theft does not represent impunity, but rather the realization of material justice and the humanizing function of Criminal Law.