O PRINCIPIO DA INSIGNIFICÂNCIA APLICADO AOS CRIMES DE CONTRABANDO E DESCAMINHO, NO CONTEXTO DA FRONTEIRA BRASIL/BOLÍVIA DE CORUMBÁ/MS

Abstract

The article entitled “The principle of insignificance applied to the crimes of smuggling and tax illusion, in the context of the Brazil/Bolivia border in Corumbá/MS” aims to analyze the application of the principle of insignificance to the crimes of smuggling and embezzlement, in the border region of Corumbá, one of the main cities in Mato Grosso do Sul, which borders Bolivia. The article addresses the relationship between the principle of insignificance and the criminalization of conduct related to smuggling and tax illusion, taking into account the specific border scenario of the city of Corumbá, MS, which shares a dry border with Bolivia through the cities of Puerto Quijarro and Puerto Suarez. Another objective of the article was to conclude whether it is possible to establish objective and uniform criteria to assess the insignificance of conduct related to smuggling and embezzlement crimes carried out in the context of Brazilian borders. The deductive method was used, through research into jurisprudence of Brazilian courts, as well as reading doctrines related to the topic. The results found were that it is not possible to establish specific criteria for the application of the principle of insignificance in the crimes of smuggling and embezzlement, as the social reality of the place in which these practices are inserted must be taken into account.