A aplicação do princípio da insignificância e o direito penal do autor: uma análise do HC 123.108 do STF

Abstract

The insignificant principle can be seen as a way to keep the minimum intervention of criminal law, and that intervenes just on the ducts that cause harm to the legal assets to the legal order and society. This protection is one of the ways to bring legal certainty to the legal orders and to the application of the law. On the discussion that is inserted the Habeas Corpus 123.108 from Brazil Supreme Court, in 2015. On this trial, on the plenary of that court, was a change on the jurisprudence about the insignificant principal, which culminated in a personal analysis of the author of the conduct, giving rise to a perpetrator criminal law. This perpetrator criminal law became possible based on the understanding that the ministers had of being necessary, to the application of the insignificant principle, an analyses of the agent creator of the conducts and of his dangerousness. The understanding that prevailed on the jurisprudence can be seen as a lesion to legal order and to the minimum intervention principle.