Aplicabilidade do princípio da insignificância ao crime previsto no Artigo 273 do Código Penal Brasileiro

Abstract

The objective of the research is to establish a reflection on the applicability of the principle of insignificance, to the various criminal figures provided for in article 273 of the Penal Code. The criminal type foresees as a crime, among other conducts, to falsify, corrupt, adulterate or alter a product intended for therapeutic or medicinal purposes, which are even considered hideous figures. There is provision for other similar conducts, the seriousness of which is discussed, and it is even possible to argue the applicability of the principle of insignificance to them. For this reason, the research is justified, to assess whether among the hypotheses provided for in the respective penal device, to some of them, it may be possible to apply the principle of insignificance. It is a controversial and nuanced topic; for this reason, it is widely debated, daily, by Brazilian jurisprudence. It is argued by the lack of a clearer and more objective legislative provision that authorizes the magistrate to disregard the typical nature of the conduct, due to the degree of damage to the legal good protected by the penal rule. This lack of specific prediction about the requirements to be observed for the application of the principle of insignificance, varies the criteria used to deviate or not the application of the principle, in specific cases. To achieve the proposed objective, the research uses bibliographic research as methodology, through the inductive method and is divided into three chapters. The first will address the origin, as well as the requirements for the application of the principle of insignificance and in this same bias, the applicability by jurisprudence in specific cases. The second chapter will be dedicated to the specific analysis of the type of art. 273 of the Penal Code, from a doctrinal point of view, mainly in relation to the criticisms it receives, due to problems in its conception, in its relationship with other crimes and, in addition, problems related to the unconstitutionality of its secondary precept. The third moment of the study is dedicated to facing the problem, that is, the analysis of the possibility or not of applying the principle of insignificance to the hypotheses incriminated in article 273 of the Penal Code. At this point in the study, we seek to analyze the judgments produced by the national courts, to understand, as clearly as possible, when the principle is accepted and when it is removed.