The Principle of Insignificance in Military Justice

Abstract

This paper aims to analyze the applicability of the principle of insignificance in the military criminal sphere. The principle of insignificance has been understood, by most of the doctrine, as a supralegal cause of typicality, which means that those behaviors that cause a negligible injury to the legal good, can be considered atypical in the wake of this principle, a corollary of minimal intervention. Nevertheless, it is a non-positive principle and its application generates some controversies, including with regard to the possibility of its application in the Castro sphere. It can be concluded that although this principle is considered important in criminal law, it is not accepted by military criminal law. The methodology used was the hypothetical inductive, by which the subject was presented in a generalized way, seeking a conclusion and a general truth, through a bibliographic search.