Criminal background: the (dis) need for the analysis of the person in the application of the princip

Criminal background: the (dis) need for the analysis of the person in the application of the principle of insignificance

ABSTRACT

This article aims to analyze the criminal record: the (un)necessity of analyzing the Principle of Insignificance for the

repeat offender who practices a simple crime, typified in the Penal Code, without considering the material typicality

of the concrete facts of negligible expressiveness in disfavor of the victim, as well as his recidivism for the same or

a different crime, where such an act would not generate exaggerated or highly relevant property damage to society. It

should be noted that the aforementioned principle applied to cases of people with a “dirty record” be supported by the

judicial system, in addition to imposing limits on unnecessary demands and, being these avoided, by the non-applicability

of the sentence, consequently generating a positive result within the prisons. /prisons. Thus, it appears that according

to the doctrine and the STF, in order for the Principle of Insignificance to be applied in the specific case in favor of the

accused, four conditions would be necessary, namely, the minimum off ensiveness of the conduct, the inexistence of

dangerousness of the action, the tiny degree of disapproval of this action and the inexpressiveness of the injury caused.

Finally, to carry out the present research, used as a research method, the descriptive bibliographic method in order to

analyze the main theoretical contributions on the subject, using instruments that deal with the theme addressed, such as:

Books, Newspapers, Jurisprudence, articles and monograph.

Keywords: Principle of Insignificance; Background; Trifle crime; Criminal Law; Crime.