STF denies releasing man who stole tissues and powdered milk worth R$62

STF ministers André Mendonça, Nunes Marques and Dias Toffoli did not recognize the principle of insignificance of the case and rejected the man’s habeas corpus request

BRASÍLIA – With the vote of ministers André Mendonça, Kassio Nunes Marques and Dias Toffoli, the Second Panel of the Federal Supreme Court (STF) rejected the habeas corpus request of a 28-year-old man accused of stealing three packets of wet wipes and a can of milk powder worth R$62. The items were stolen from a Precio Popular pharmacy unit in Concórdia, Santa Catarina, in February 2021.

The Federal Office of Public Defense (DPU) asked the Supreme Court to apply the principle of insignificance, as the objects are of little value.

“Believing that the condemnation of the millions of poor people who occupy the streets of Brazil – and who are growing visibly, it must be said – serves as a disincentive to theft due to hunger means ignoring the need that hides behind the theft of food”, soap and similar items. in slippers. No one takes these things away by choice and the criminal response only makes the situation worse,” said public defender Gustavo Ribeiro.

In his decision, rapporteur André Mendonça, however, underlined that the accused is a repeat theft offender.

«Thus, having observed the criminal contumacy and the context in which the crime occurred – qualified theft with the breaking of an obstacle, during the night’s rest -, a notable reprehensibility of the conduct appears to be revealed, such as to make it impossible, for now, to recognize the incidence of the principle of insignificance, taking into account the lack of a thorough examination of the issues raised and the fact that the criminal proceedings are in an embryonic stage,” Mendonça wrote.

Ministers Edson Fachin and Gilmar Mendes did not agree with the rapporteur, but their votes were obtained. The virtual plenary process concluded this Friday, the 27th.

Source: Terra

Rose

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