“IF YOU CAN STEAL A QUARTER, YOU CAN STEAL A MILLION”:

FORGETTING THE INSIGNIFICANCE PRINCIPLE IN THE TREATMENT OF TRIFLE CRIMES

Abstract

The principle of insignificance, although essential for the treatment of trifle crimes, often has its application hindered by the punitive logic of the Brazilian penal system. Arrests carried out for trifle crimes - in particular, theft -, even if not lasting until the end of the stipulated sentence, have a great impact on the prison system, contributing to the overcrowding of prison establishments and the consequent unsanitary living conditions of prisoners. Therefore, the objective of this article is to outline the principle of insignificance, its importance and its verification in the concrete reality, as well as its relationship with the Brazilian penitentiary system. The method used will be the bibliographic review, seeking to analyze academic research and the documentary “Bagatela”, by Clara Ramos, which invites a reflection on the reality of trifle crimes. After the analysis, it is evident that the agents are vulnerable people, from a less affluent social class, and the suffering, institutional violence and violation of rights to which prisoners are subjected is incompatible with the seriousness of a trifle crime. It is absurd, therefore, that such an important principle as that of insignificance is not applied to help change this reality.