A aplicação do princípio da insignificância ao crime de desvio de finalidade de crédito rural

Abstract

The research addresses the issue of using financing for purposes other than those stipulated by law or contract by small family farmers, and whether such conduct can, in a legally relevant manner, affect the legal interest protected by Article 20 of Law No. 7,492/1986. The general objective is to understand the legal interest protected by the aforementioned criminal type and under what circumstances the conduct in question can impact the protective object of this criminal norm. This academic investigation discusses the application of the principle of insignificance in crimes against the National Financial System and reflects on possible criteria for recognizing this legal institute in such categories of economic crime, given the mentioned criminal type of "white-collar crimes" and the conduct of misuse of rural credit as the focus of study. The methodology employs deductive reasoning and, in an auxiliary manner, the historical method. The methodological approach primarily involves qualitative research, but also includes a quantitative analysis of collected data. Regarding technical procedures, the study encompasses bibliographic and documentary research, as well as exploratory research techniques. Additionally, the topic of the thesis is associated with various legal fields, such as Economic Criminal Law, Financial Law, Consumer Relations Law, Civil Law, and Administrative Law; and also engages with Economics, History, Politics, and Sociology. The research ultimately demonstrates that the misuse of resources from public policies intended for financing agricultural activities of small rural producers, especially through the National Program for Strengthening Family Farming (Pronaf), does not appear to cause damage or legally relevant danger to the National Financial System or the public investments in the credit market, nor does it seem capable of undermining the confidence, soundness, and stability of the financial system. Concerning the academic contributions, the work could serve as a basis for advocating the application of the principle of insignificance in other offenses defined by Law No. 7,492/1986, based on a critical analysis of the conduct and legal interest involved.