Crimes against citizenship: tools for the protection of minoritiesâ rights / Crimes contra a cidadania: instrumental para a proteÃÃo dos direitos das minorias

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This essay outlines the present silhouette of Penal Law, bringing us to the Idea that the damage perpetrated against minorities must be framed within criminal law. In fact, through studies focused on the need for penal protection in order to grant the minoritiesâ interests, the framing of crimes against citizenship in the Penal Law assures the true role of in the judicial sphere, even though it does not replace the fighting of social inequalities, which is a responsibility that upon agencies focused on the implementation of public policies. Penal Law must not and it cannot drift away from its fundamental characteristics, such as subsidiarity and fragmentariness, and it should not be used but in âultima ratioâ. In this sense, the penal intervention in the Democratic State of Law is only accountable when all other instruments are ineffective. The general subsidiary prevention must be adequate model of the Democratic State of Lawâs criminal policy, specially in the Brazilian law set, where the conscience for a higher number of public policies focusing on the extinguishment of social discrepancies and the exercise of citizenship are rising. With such knowledge, the State will provide a certain welfare based on an effective plan of public policies, exercising, thus, citizenship and, on the order hand, pushing away the role of the Penal Law as âprima ratioâ, demystifying it as the only legal instrument to aid and protect the actions perpetrated in function of the wellbeing and life quality of the minorities. Conversely, with the qualification of the Crimes against the citizenship, from the legal point of view, would be assured the conducts that could harm the minorities, respecting constitutional limits and the principles of subsidiarity and proportionality in the Penal Law

ASSUNTO(S)

juridical policies crimes principles of subsidiarity and proportionality citizenship public policies normas jurÃdicas human behavior polÃticas pÃblicas direito publico cidadania condutas humanas princÃpios da subsidiariedade e proporcionalidade penal law direito penal crimes

ACESSO AO ARTIGO

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