Alcance do princípio da insignificância na interpretação e aplicação da lei penal em Moçambique

Abstract

With the theme “scope of the principle of insignificance in the interpretation and application of criminal law in Mozambique”, the work deals with the principles of law in general, its content and its characteristics, seeking to arrive at the concrete analysis of the principle of insignificance of the law. criminal law. The content of the principle of insignificance is analyzed and it is discussed about its eventual consecration in the Mozambican legal system, based on legal and normative arguments. Based on a qualitative research methodology, the present work was developed within an opening line, proposed by the post-positivist school, in order to lead the interpreter, both in the practical field and in the theoretical field, to seek incessantly the material content of the rules, not only those expressed, but also those that are included in the legal system in an explicit or indirect way. In spite of the fact that, in the work, a line of interpretation that can be assumed to be extralegal is advocated, an extra-legal interpretation is not proposed here, nor is it legal. abandon the literal interpretation of legal norms, look for their material content and give practical relevance to the principles, as norms that are part of the legal system, to the point of excluding typicality due to the recognition of the principle of insignificance. It is in this vision that the originality and dignity of the work resides and is sustained, which is presented here as a master's degree dissertation. (TRADUÇÃO NOSSA)