INAPLICABILIDADE DO PRINCÍPIO DA INSIGNIFICÂNCIA NOS DELITOS DE FALSIFICAÇÃO DE DOCUMENTOS DESTINADOS AO SISTEMA PÚBLICO DE ESCRITURAÇÃO DIGITAL

Abstract

The principle of insignificance or trifle is a supra-legal mechanism implied in the Penal Code, where criminal legislation would be prevented from achieving conduct considered irrelevant or less burdensome. being developed through three chapters discussing the differentiation between public documents and private documents, passing a broad conceptualization of the principle of insignificance, ending with an approach directed to the crime of forgery of documents in this scope. The doctrine preaches that Criminal Law has the last resort of punishability, acting as an ultima ratio, with even the minimum intervention. Considering that the notion of insignificance is very subjective, what may be insignificant to an individual may be fundamental to another, and in this sense the superior courts of the Superior Court of Justice and the Federal Supreme Court diverge from the application of this principle in the application of specific cases.