Social security fraud, bagatela's principle and public heritage in systemic analysis of brazilian jurisprudence

• Autor(a) principal: Soares Neto, Horígenes Fontes
• Data de Publicação: 2020
• Outros Autores: Farias Pinheiro, Lessi Inês
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Thesis Juris
• Texto Completo: https://periodicos.uninove.br/thesisjuris/article/view/17722
• topic: Social security fraud; Iinsignificance; Material atypicity; Estelionato previdenciário; Insignificância; Atipicidade material

Questioning the subsistence of material typicity of the crime of social security fraud when the requirements of incidence of the principle of insignificance are fulfilled, the study intends to analyze the offense under the systemic perspective of the Law, and seeks to understand the need for joint verification of the domestic jurisprudence and the guiding principles of criminal action. Applying bibliographic research, based on scientific articles and doctrines that debate the theme, coupled with documentary research of the legislation and decisions of the higher courts, resulted in the identification of dissonances of the enforcer of the penal rule, which has dealt with the infraction of social security fraud in a way different from other crimes that have similarity and that have the same degree of damage to the treasury, concluding the study by the need for jurisprudential revision so that the Law can walk without disagreement with its principles.