(In)aplicabilidade do princípio da insignificância nos crimes contra a administração pública

Abstract

The purpose of this study is to analyze the legal basis for the applicability of the principle of insignificance in crimes against the Public Administration, since this issue has provided enormous legal uncertainty in the decisions rendered in the courts and superior courts. The STJ, in 2017, issued the summary 599, which expressly restricts such applicability and, because it has no binding effect, it is understood that the issue is still pertinent. The principle of insignificance, even if not yet positive, has been gaining greater relevance in Brazilian law, making it possible to exclude criminality in cases where it is established that the injury to the legal right in question is negligible. Even in the face of the expansion of this principle, there are some understandings that exclude their incidence in cases where a criminal type violates several legal assets, so-called multi-crime or complex crimes, as is the case of crimes against Public Administration, provided for in Title XI of the Penal Code . Therefore, the questioning of the possibility of applying the principle of insignificance in crimes against the Public Administration involves strong opposing and favorable arguments, such as its multi-faceted character, the use of Criminal Law as ultima ratio, minimum Criminal Law, among others. Therefore, this study seeks to deepen these points, always in view of the public interest and respect for the Federal Constitution.