A (in)aplicabilidade do princípio da insignificância nos crimes da Lei de Drogas (nº 11.343/06): uma análise comparada da jurisprudência do Superior Tribunal de Justiça e do Supremo Tribunal Federal

Abstract

This work aims to investigate the (in)applicability of the principle of insignificance to the crimes of Law nº 11.343/06 in the jurisprudence of the Superior Court ofJustice and the Federal Supreme Court. With this purpose, in the first part, national and foreign bibliographical research is used to analyze the historical context and foundations for the theoretical elaboration of the institute, its legal nature and its correlation with the principles of Criminal Law, namely, the principle of offensiveness, of minimal intervention and social adequacy. The third chapter deals with general aspects of the Drug Law and the crimes foreseen therein, with the exposition of the legally protected assets, the normative elements and distinctive features of the criminal types and other elements necessary for the understanding of the reasons for deciding of the Superior Courts. In the following chapter, through jurisprudential research in the collections of the Superior Court of Justice (STJ) and the Federal Supreme Court (STF), some precedents were selected and critically analyzed in order to systematize the parameters and criteria valued by the Courts for the application of the principle and bring subsidies to understand the divergence of positioning of the Superior Courts and their respective Panels around the matter in question.