Minister Gilmar Mendes, do Supremo Tribunal Federal, acquitted on Thursday, a man who had been sentenced to one year and nine months 23 days in prison, early semi-open regime for theft of R $ 4,15 in coins, a bottle of Coca-Cola 290 ml, two beer bottles and a bottle of 600ml drips 51. The minister said that "it is not unreasonable that the criminal law and the entire state apparatus to move in the direction of assigning relevance to the theft case’ R $ 29,15.
The Gilmar decision met a request from the Public Defender of St. Paul who appealed to the Supreme upon conviction be kept by the Court of São Paulo and the Superior Court of Justice.
the Supreme, the Ombudsman presented the same arguments that had made other cuts, that 'neither recurrence nor reiteration criminal, Nor is the habituation delitiva obstacles to the principle of insignificance '.
By analyzing the case, Gilmar recorded that the STF classes exclude the application of the principle of insignificance to repeat offenders accused or proven delitiva habituality, but indicated that it considers' wrong’ rejecting the levy of such a principle 'only by the fact that the applicant has a criminal record'.
“Therefore I believe to be more consistent understanding of the line according to which, for incidence of the principle Trifle, They should be analyzed the objective circumstances in which they gave the criminal act and not the attributes inherent to the agent, otherwise, to proceed to the analysis subjective, to give priority to the disputed criminal law and exceeded the author at the expense of criminal law the fact”, wrote.
Gilmar recorded that there was not even material damage, since the objects were returned to the victim – 'One more reason should focus, consequently, the postulate Trifle, mainly because nuclear consequence of the economic crime is the author accrue equity and reduce the victim ', scored minister.
for Gilmar, the circumstances fall below the threshold for application of the principle of trifle: Minimum offensiveness of the agent conduit, absence of social action dangerous, the low degree of reprovabilidade behavior and damage caused legal inexpression.