Teoria das janelas quebradas e o princípio da insignificância: uma análise à luz da realidade brasileira

Abstract

This work aims to analyze two prospects of Criminal Policies di ametrically opposed, which are the broken window theory and the principle of immateriality, in order to define which one is the most appropriate to the brazilian reality, in view of the complex problem of criminality present in the country. Using the metho d of deductive approach and the technique of theoretical research in order to explain the contribution of criminological schools and criminal ecology to understand criminality. It addresses the broken window theory, the experiment used for the construction of this thesis, and its influence in the implementation of the Zero Tolerance Criminal Policy, which in turn, has impacted the people poorer social strata. It analyzes the criminological currents directed to the criminal phenomenon, as well as approaches the criminal principles that have relation with the principle of immateriality, with the aim to countain the intervention of Criminal Law in some situations considered to be trivial. It elucidates as well the principle of immateriality, explaining its aspe cts and its (in)applicability in crimes of misplacement and smuggling, whose treatment is disproportionate to the criminal justice system. Lastly, it sought to discover if the adoption of the Criminal Policy, based on the broken window theory, would be mor e appropriate to the confrontation of the ingrained problem of criminality in Brazil, or if the principle of immateriality should remain guiding the national Crimina l Policy.