Banca de DEFESA: THIAGO ELIFAS SOUZA MARQUES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : THIAGO ELIFAS SOUZA MARQUES
DATE: 22/02/2022
TIME: 19:30
LOCAL: FDA/UFAL - Remoto
TITLE:

INSIGNIFICANCE IN THE CRIME OF ROBBERY: THE LIMITS AND POSSIBILITIES FOR EXCLUSION OF TYPICITY

KEY WORDS:

Principle of Insignificance; Teleological functionalism; Criminal constitutional principles; Legal interest; Robbery.

PAGES: 109
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Penal
SUMMARY:

The principle of insignificance has a doctrinal formulation and appears as a penal institute in 1964, based on the studies of the German criminalist Claus Roxin. The acceptance and application of this principle in the jurisprudence has expanded, reaching more and more types of crimes. However, when it comes to the crime of robbery, the Federal Supreme Court has shown itself to be refractory to its application, even when the value subtracted is very small, on the grounds that robbery is a complex crime that aims to protect not only property, but also the personal integrity of the victim. From this premise, the following question arises: is the fact that robbery is considered a complex crime enough to rule out the application of the principle of insignificance, even if there is no affectation of one of the protected legal interests? The present study starts from the hypothesis that the incrimination without affecting the legal interest violates the precepts contained in the Federal Constitution of 1988. Thus, the objective of this dissertation is to analyze the possibility of applying the principle of insignificance in the crime of robbery, within the framework of a criminal law aimed at the protection of legal interests, based on a constitutional reading of the need for criminal intervention, which is justified when the legal interest protected by the criminal norm suffers such damage that the other branches of law are insufficient for the solution of the dispute, and the notion of legal interest as a way of limiting irrational punitive power. Qualitative research was carried out under the deductive method, which consisted of a bibliographic review, using national and foreign theoretical references on the principle of insignificance, and analysis of the jurisprudence of the Federal Supreme Court on the application of the principle in the crime of robbery. Finally, it was concluded that the way in which the Supreme Court has operationalized the principle of insignificance contradicts the principle's dogmatics and has restricted its scope of incidence, generating unnecessary criminal intervention, which violates the precepts of the democratic state of law

BANKING MEMBERS:
Presidente - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interno - 2546418 - WELTON ROBERTO
Externo à Instituição - BRUNO CAVALCANTE LEITÃO SANTOS - CESMAC