<b> The worthlessness of conduct as a criterion for identification of insignificance for the application of the principle of minimum intervention </b> <br> doi:10.5007/2177-7055.2011v32n62p97

Abstract

This is a work that focuses critically on the stance of the High Courts in regard to the interpretation of the so called principle of insignificance or principle of minimum intervention. It exposes the way in which the Supreme Court and Superior Court have been using the said principle, with the criteria used by the courts, with particular focus on the idea of  minimal offensiveness of the conduct. It is proposed to adopt a meaningful concept of action, whose expression leads to a sense of the idea of normative intent of offensiveness able to represent the overall sense of the principle discussed. Finally, in light of this conception, it presents a critique and a proposal for a more precise delimitation of the criteria for applying the principle.