Lirnites constitucionais do legislador e do juiz na incrirninaslo e descriminalizaslo de condutas : a imposisBo dos principios constitucionais penais




Based primarily on national and foreign bibliographic research, the work here in also uses Brazilian jurisprudential research to demonstrate the imposition of constitutional principles of penal law upon legislator and judge alike, thus contributing to spread the notion of a new doctrine committed to the constitutional/anthropological rationalization of Criminal Law. Penal law principles have always been regarded as guideposts with little or no necessary link whatsoever to the lawmaker and the judge, being hardly seen as a problem of penal concept by Brazilian doctrine. Based on the assumption that, as stated in its Constitution, Brazil is a republic founded on the principles of democracy and the rule of law, having human dignity as a hallmark and the general welfare its objective, this study argues that those public agents cannot in any way behave arbitrarily or be free to render a conduct criminal or noncriminal. It also describes the priorly mentioned constitutional principles and holds them to be fundamental for the Brazilian penal structure. To this end, social control is examined having Penal Law as part of it, hence highlighting the serious and notorious problems in carrying it out, chiefly in countries such as Brazil; the importance of human dignity, mainly within Criminal Law, is called to mind to demonstrate the need for judicial action to guarantee it; and, finally, the methodology that views them as juridical norms is used as a substratum, granting them a prominent stance in the constitutional order. After expounding the principles of minimum intervention, of offensiveness and its respective corolaries, endorsing them as a constitutional subject-matter imposition upon the lawmaker and the judge as well; and the principles of legality, culpability, and humanity, defending them as binding constitutional impositions on legislators, with repercussions for the judge; the constitutional commandments of criminalization are depicted and upheld as subject-matter imposition needed for Criminal Law to be minimally operational, in order to contain tensions within the community brought about by infringements seen as more severe. The work is concluded by asserting that the constitutional principles of penal law must be understood with its reciprocal meanings â having also influence over the commandments of criminalization âand within penal doctrine, making its study indispensable in the current Brazilian legal order


constitutional principles of penal law constitutional commandments of criminalization princÃpios constitucionais penais criminalizaÃÃo e descriminalizaÃÃo mandamentos constitucionais criminalizadores limites e possibilidades do legislador e do juiz criminalization and decriminalization direito possibilities and limits of the legislatorâs and the judgeâs powers

Documentos Relacionados