Principle of Insignificance as a violation of the Rights of Victims in Property Crimes

Abstract

This study aims to analyze whether the recognition of the principle of insignificance in property crimes violates the rights of victims. To this end, it examines the concept, the guiding criteria, and the scope of application of this principle, as well as the interpretation and legal nature attributed to it by the Superior Courts. The research demonstrates that, although the principle of insignificance is relevant as a tool of criminal policy and limitation of the State’s punitive power, its indiscriminate application may generate distortions and compromise the effectiveness of criminal protection of property. It is also analyzed that adopting a purely economic criterion — such as the limit of up to 10% of the minimum wage — disregards subjective factors related to the victim, such as the value of the stolen good for their livelihood, and ignores the cost of mobilizing the State apparatus to investigate the crime. It is concluded that the interpretation currently given to the principle of insignificance, as applied to property crimes, violates victims’ rights, hinders damage reparation, and weakens the preventive and moral function of punishment.