O princípio da insignificância na justiça militar

Abstract

The present research deals with the proper application of the principle of insignificance, and is justified by the fact that when employed in a specific case extinguishes the typical and consequently there is no crime. The use of this principle seeks to correct possible misrepresentations of the impartial and inflexible application of the same criminal precept to different cases. Clearly determining the requirements for employment of insignificance or trifle in the common criminal sphere, the question arises about its applicability in the military criminal sphere, since this criminal rule has its particularities, with the purpose of protecting military values. This paper aims to demonstrate the importance of applying the Principle of Insignificance to the context in the criminal sphere, as well as understandings regarding the Principle of Insignificance and its admissibility in Military Crimes. To that end, methodological procedures are defined according to King, Keohane and Verba (1994). The research was (a) descriptive of the purposes; (b) bibliographical about media; and (c) qualitative approach. In addition, the research design includes the method of case study with inference from the use of books, scientific articles and official documents, as well as the doctrines related to the topic, jurisprudential decisions, the documents from the Federal Supreme Court and of the Superior Court of Justice.