The principle of insignificance in crimes against public administration

Abstract

The scope of this work is to analyze the application of the principle of insignificance in the smallest crimes committed against the Public Administration. The principle of insignificance is based on excluding material typicality in crimes whose harmful damage is minimal. This principle was internalized in the national legal system, however, it has been applied in cases of crimes where the parties are private, that is, it does not directly or indirectly involve interests or the Public Administration itself. However, both jurisprudence and doctrine, within the scope of jurisprudential construction on the subject, mitigate the possibility of incidence of the principle of insignificance in crimes committed against the Public Administration, which, as a rule, is restricted, due to its nature and the principles, among others, those basic to the Administration provided for in art. 37 of the Federal Constitution. With this, using basic research methods and theoretical doctrinal and jurisprudential analysis, including applicability in practical cases, the present work seeks to discuss the boundaries that surround the theme.