LEGAL SECURITY AND PREDICTABILITY OF DECISIONS

analysis of the jurisprudence of the Minas Gerais Court of Justice about Larceny and the application of the principle of insignificance

Abstract

This study deals with the legal certainty and the degree of predictability of the decisions
of the second criminal instance of the Court of Justice of Minas Gerais, which were
analyzed in cases of application of the principle of insignificance to the crimes of
larceny. The Supreme Court has adopted the principle of Insignificance since 2004 for
larceny, when objective and subjective requirements are met, making the applicability
of this institute peaceful. Contrary to the consolidated understanding, second-degree
magistrates in Minas Gerais have decided for the non-recognition of this institute in the
Brazilian legal system. From the research, it was possible to verify the number of
judgments that do not apply the principle of insignificance. A case study of the 7 th
criminal chamber was carried out, in which arguments used by judges who do not
recognize the principle were collected. The objective of analyzing the theme was to
raise a discussion about the threshold between jurisprudential divergence and the application of the judge's personal understanding, which contributes to legal
uncertainty. From this, it was concluded that 29% of the judged by the Minas Gerais
court between January 22, 2021 and October 15, 2021 did not recognize the
applicability of the principle of insignificance in the crime of simple theft. Thus, it is
necessary that the judges of the second instance of the TJMG adopt a neutral position,
applying the understandings of the higher courts, when applicable, so that there is no
extension of the criminal action and legal certainty is guaranteed in relation to judicial
decisions.