Chicken theft is judged by the STJ and the decision will depend on the new minister

A theft of chickens that occurred in the interior of Minas Gerais in 2014 ended up at the Superior Court of Justice (STJ), in Brasília, this week. The action was judged by four ministers of the 6th Panel of one of the highest bodies of the Judiciary in Brazil, ended with a tied vote of 2×2 and opened space for discussion of what would be an “insignificant” or “insignificant” theft.

At the trial, Minister Antonio Saldanha Palheiro explained that the man had already been acquitted based on the principle of insignificance, a concept used when a criminal action is no longer considered a crime. However, after an appeal by the Minas Gerais Public Ministry, the Minas Gerais Court of Justice ruled out the principle of insignificance and classified the action as qualified theft. The public defender’s office, which defends the chicken thief, appealed to the STJ.

The STJ unanimously preferred to reevaluate the process due to the guidance of the Federal Supreme Court (STF) that the principle of insignificance cannot consider only the value of the good — in this case, the price of two chickens. In the STF’s understanding, it is necessary to take into account other aspects such as the dangerousness and offensiveness of the accused, in addition to considering whether the crime was a one-off or something habitual, with multiple recurrences.

“Then, the court considered that a summary acquittal would be premature before these other circumstances were assessed”, informed the minister, mentioning that he was touched by the case. “Also because chicken theft is the classic of insignificant theft, but this in the interior of Minas Gerais can mean a lot to the injured party”, he explained, when voting in favor of reopening the case.

Minister Rogerio Schietti was against it because he considered that it was the theft of an item that “in principle is used for food” and that occurred around 10 years ago. Palheiro explained that the “two chickens inside would also be used to feed the injured party, and that the importance has to be analyzed in the social context in which it occurs”.

At the end of the arguments, the vote ended in a tie, with two votes in favor and two against, and the case must be resumed on November 22, when a new minister appointed by President Luiz Inácio Lula da Silva must form the 6th Panel of the STJ.

Public defender spoke out on social media

After the trial, public defender Flávio Wandeck, who presented details of the case during the hearing and defended the accused, shared his experience on social media, ironizing the fact. “I left home and went to the STJ to defend a man who stole two chickens. Yes, two chickens,” she wrote. “After 13 years as a public defender, I discovered that the folkloric chicken thief exists. And I was there defending him. At the STJ”, he concluded.