O ESTADO DE DIREITO E A DIGNIDADE DA PESSOA HUMANA NO DIREITO PENAL: UMA ANÁLISE DA APLICAÇÃO DOS PRINCÍPIOS NA EFETIVAÇÃO DE MEDIDAS DESENCARCERADORAS NOS DELITOS DE DESCAMINHO E CONTRABANDO

Abstract

The purpose of this study is to analyze how the principled structure of the current Brazilian legal system guides and stimulates the performance of institutions in the search and adoption of practices capable of effecting decarceration measures regarding the crimes of embezzlement and smuggling. For its formatting, the hypothetical-deductive approach, structuralist procedure and bibliographic and documentary research techniques are used. It aims to test the hypothesis that the meta-principles of the Dignity of the Human Person and the Democratic Rule of Law actively influence the system of how these crimes are treated. As a result of the research, it is concluded that the institutes of archiving by insignificance and the Non-Criminal Prosecution Agreement are true materializations of the meta-principles, it is a movement of the three powers of the State, through its institutions, with a preponderance of the Federal Parquet, in the search to carry out decarceration measures with regard to the sanctions imposed on crimes.