The insignificance principle and the insignificants

Abstract

The insignificance principle is a reality that can be extracted from the teleological interpretation of penal laws and principles that rule criminal procedure, although its use have been frequently denied in the forensic practice, showing the structural racism in the justice system and the lack of will (or courage) of members of the legal profession to break patterns. The use of old formulas and with no questioning is clear, not reminding that a misconduct, to be considered as a crime, needs to be not only formally, but also materially typical. Fitting the misconduct into the penal type that protects property is not the only requirement for it to be considered illegal. Nowadays, as more punishment is the solution for all the existing problems, to be someone who cares about guarantees is almost offensive. And with the wrath of lawmakers and society for more punishment, poor and Black people are the justice system targets, implacable with the undesired citizens, either because of slavery reminiscences or because they are not considered relevant to the market, as they are not consumers, being appointed as marginals. The offensiveness principle must work as a limitation for punishment discretion, not only for lawmakers, when choosing the conducts to be considered as crimes, but also for the prosecutors and judges, in real cases. A paradigm chance is urgent, leaving to Penal Law the conducts that really brings harm to the protected assets, unburdening the justice system and the prisons, releasing people charged of insignificant crimes and making economy to the State, because of the excessive costs of keeping people imprisoned, besides destigmatisation.