The Supreme Court Minister (STF), Dias Toffoli, ordered the filing of a complaint against Paulo Luciano Mana and José Ronaldo Mana, accused of stealing a portfolio with personal documents and R $ 0.15, items all refunded to the victim. The case occurred in Goiânia (GO).
The men were denounced for theft by the Goiás Public Prosecution Service (MPGO), but was rejected in the first instance based on the principle of insignificance, as there would be no cause for the continuation of the criminal action.
The Court of Justice of the State of Goiás (TJ-GO) has accepted the appeal of the MP because the two men have already passed on crimes against the equity, a decision that was held by the Superior Court of Justice (STJ). The Goiás Public Defender’s Office, which represents the accused duo, went to the Supreme Court and reiterated the request for application of the principle of insignificance.
Toffoli, in his decision, assessed that the conduct described in the case has no “high degree of offense” and that the accused do not pose a danger to society, nor resulted in “expressive legal injury”. The minister considered that continuing the process would be a disproportionate measure and contrary to the jurisprudence of the Court.
The magistrate also pointed out that the Supreme has admitted the application of the thesis in cases of recurrence when the conduct has not caused effective or potential damage to the victim’s assets.
“It is peaceful to understand the Court that the principle of insignificance presupposes, for its application, ‘the presence of certain vectors, such as the slightest offense of the agent’s conduct, (B) to no social danger of action, (C) the very reduced degree of comprovability of behavior and (d) the inexpressiveness of the legal injury (RHC 113.381/RS, Min. Celso de Mello). In my view is the hypothesis of the case, as it is the subtraction of a pocket portfolio, containing personal documents and the amount of R $ 0.15 (fifteen cents), all duly refunded to the offended. Thus, it does not demonstrate a high degree of offense, presence of social danger of action, high degree of reprobability of behavior or expressive legal injury. Moreover, the mention of the patient’s background is not, in itself, the ground that he is able to hinder the reception of the defense claim, since the vectors object of analysis for the purpose of applying the principle of trifle are all objective, ”argues the minister in his decision.
This content was originally published in Toffoli files a double complaint that stole a portfolio with $ 0.15 in GO on the site CNN Brazil.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
