Da aplicação do princípio da insignificância nos crimes de estelionato contra a previdência social

Abstract

This study aims to examine the application of the principle of insignificance in the crimes of larceny against Social Security, under Article 171, § 3º, of the Criminal Code. Addresses, initially, a small notion of legal principles, and after, exposes the historical evolution of the postulate in the study and its theoretical development. It also presents the fundamentals of this principle, citing some related institutes that connect several times, with the postulate on screen. Further comments about the penal typicality and the consequences of the application of that principle in this. Moreover, this paper puts forward on the crime of embezzlement and its minutiae, the difference between civil and criminal fraud, embezzlement against the Social Security, making a comparison between the privileged form of larceny and larceny with the incidence of the principle of insignificance. In the last chapter, sets up the arguments used in the decisions of the Courts patriotic applying the principle of insignificance, bringing the line of thinking of judges and criticizing this. At the end, it debate the contents Supreme Court decision which prohibits the application of the principle of insignificance in the crimes of embezzlement against Social Security, arguing against this, showing some aspects that do not make compatible with theories adopted in Brazilian law, trying to demonstrate the possibility of application of this postulate.