Da transação penal nos crimes de ação privada, à luz da hermenêutica e dos princípios constitucionais




This work consists of an academic dissertation, a final demand, for conclusion of Master s degree course, to obtain a Masters Title in law. The present academic work tries to make deeper the study of penal transaction, in relation to criminal procedures of minor potential offensive crimes in private law, with the interpretation of the article 76, Law number 9.099/95, through the hermeneutical vision and constitutional principles. The approach is justified having in mind that the composition has a gap in its legal text in comment, raising controversies wether its possible or not to apply the despenalizing institute in crimes verified under the criminal procedure done exclusively by the offended. The procedure that directs the investigation is characterized by a reflection on the current data of bibliographical and jurisprudencial research, so that can be presented a sistematization of principles and existent researches in the area of the problem in discussion. The study grows progressively in a didactic way in five chapters with phrasal topics. We deal, in the initial chapter, with the guided principles of public and private criminal procedure, in order to understand better if the institute of transaction penal leeps or not compatibility exclusively with guided principles of private criminal procedures. In the second chapter, we build a critical approach about the essencial reason of Penal Law, concerning on the principles of minimal intervention of other correlates. In the third chapter, we approached on despenalizing measures introduced by the Law number 9.099/95 as much as an answer of the State to crimes of minor importance. We study, in the fourth chapter the Special Criminal Justice, discussing on historical antecedents, competence and principles that guide them. In the last chapter, we tried to realize the article. 76 of Law number 9.099/95, according to the hermeneutical and constitutional principles. Using the perspective of supremacy principles and the effectiveness of the Constitution, as well as the principles of equal rights and reasonableress and human being dignity, we conclude that its possible to admit the despenalizing measure foreseen in the article 98 of Brazil Federal Constitution 1988, related to crimes in private criminal procedures. At last, we propose, as a suggestion to alter the article 76 in order to eliminate the existent omission and become it proper before Fundamental Law.


aÇÃo penal - dissertaÇÕes direito constitucional

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