Furtos famélicos e a incidência do princípio da insignificância: análise acerca da sua aplicabilidade a acusados reincidentes no âmbito do direito penal brasileiro

Abstract

Unfortunately, to this day, the financial state in which many people find themselves (associated with their vulnerability, due to their own subsistence or that of third parties, such as their children), causes them to be “forced” to steal food (with low financial losses and without the use of violence or serious threat) this so that they have the possibility to feed themselves at times when they cannot find a way out, that is, to maintain life. They are people who tend to repeat such actions precisely because they continue in a situation of misery, with no prospect of improvement. And it's not because they actually want to commit crimes, but the configuration of recidivism is effected by social difficulty. In the characterization of starving theft, the principle of insignificance must be applied, observing the following requirements: a) minimal offensiveness of the agent's conduct; b) no social danger of the action; c) reduced degree of disapproval of the behavior; and; d) inexpressiveness of the legal injury caused. Therefore, the value of the stolen property is not the only aspect to be analyzed in the specific case. For these reasons, the objective of this work is to analyze the application of the principle of insignificance in cases of starving thefts in which the agent is a repeat offender in this type of conduct. The justification consists in the fact that the subject is very relevant, since there is a very great socioeconomic difficulty in the country, aggravated, even, by the Covid-19 Pandemic. And yet, to reflect on the understanding established in the legal system and in factual reality. Finally, it is a research using the deductive analytical method, through a bibliographical, documental and theoretical review.