Aplicação do princípio da insignificância nos delitos funcionais

Abstract

This study introduces the Principle of Insignificance, currently broadly accepted by the doctrine and applied by the jurisprudence, addressing its historical origins and evolution in law. Besides, aims to analyze the possibility of application of this principle in crimes committed by public servants against the Public Administration, which is not peaceful, causing big divergence in the Superior Courts. In one side the position exposed in most of the decisions of the Higher Court of Law, which does not accept the application of the principle, considering that the functional offenses affront not only the administration patrimony, but also the administrative morality. On the other side the Supreme Court Federal, which is positioned favorable to the application of the principle, understanding that is defended in this study.