Banca de QUALIFICAÇÃO: THIAGO ELIFAS SOUZA MARQUES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : THIAGO ELIFAS SOUZA MARQUES
DATE: 03/08/2021
TIME: 08:30
LOCAL: FDA - Plataforma Google Meet
TITLE:

The possibility of applying the principle of insignificance in the crime of Robbery

KEY WORDS:

Criminal constitutional principles; Legal interest; Insignificance; Robbery; Proportionality.

PAGES: 57
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Penal
SUMMARY:

In Brazil, the protection of private property through criminal law represents one of the pillars of the hegemony of the interests of the ruling class, albeit at the expense of essential values of the democratic state of law, such as human dignity, for example. In this context, property crimes are responsible for high rates of imprisonment of economically poorer people, being currently only behind the crime of drug dealing.

In this research, we will analyze the function of criminal law as a form of protection of legal interest, based on a constitutional reading of the need for criminal intervention, which is justified when the legal interest protected by the criminal law suffers such damage as other branches of law are insufficient to resolve the litigation. Therefore, considering that the protected legal interests should not be considered exclusively in an ontological and positivist sense, with a significant enough injury being necessary for criminal intervention, we will analyze the premises of the so-called principle of insignificance and its applicability by the Supreme Court, looking for understanding a conduct that is not merely formal, but materially typical.

In the meantime, the work presents critical observations on the selectivity and excessive punitiveness of property crimes, especially the crime of robbery, due to the mistaken application of the precepts of criminal law dogmatics by the Supreme Court at the time of interpreting the fact for its subsumption to the law, which has caused exorbitant punishment. Thus, we will analyze, from the perspective of criminal law dogmatics, when the conduct is formally considered typical, that is, when it conforms to the type inserted in the article 157 of the Penal Code.

Then, in this research, we will evaluate how the Supreme Court has applied the principle of insignificance, pointing out the wide discretion and absence of rational and objective criteria for its application in the most diverse cases that come to the Court, notably in cases of robbery, where there is enormous resistance to its application, under the argument that the crime is committed with violence or serious threat to the person. Based on the premises of constitutional criminal law, mainly on citizen guarantees, the work then analyzes the possibility of applying insignificance in the crime of robbery, in order to avoid disproportionate interventions by criminal law.

BANKING MEMBERS:
Presidente - 3331711 - ALBERTO JORGE CORREIA DE BARROS LIMA
Interno - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interno - 2546418 - WELTON ROBERTO