The principle of Pettiness in the crimes against property and in the crimes against economic welfare: analyses of the rulings of the higher courts

• Grant number: 10/19595-6
• Support Opportunities: Regular Research Grants
• Duration: March 01, 2011 - February 28, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Pierpaolo Cruz Bottini
• Grantee: Pierpaolo Cruz Bottini
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The pettiness principle is an important rule for the interpretation of criminal law, in that it allows for the ruler to evaluate the crime-configuring properties of the action, as well as the lack of necessity to impose a sanction. As it is not a coded provision and since its application by the courts in the Brazil is not done according to standardized criteria, this research effort intends to identify the way in which the superior courts interpret the principle and to contribute with the theoretical clarification of its importance with respect to the foundations of minimum criminal law. (AU)