The proporcionality principle as limitation to the stateâs punishment activity / O princÃpio da proporcionalidade penal como limitaÃÃo à atividade punitiva do Estado

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This study focuses on the proportionality principle as a limitation to the Stateâs punishment activity, examining its three moments or phases (legislation, application and execution of the penal norm). This proportionality takes the position as an obligatory parameter to limit the Stateâs punitive power, which is necessary to guarantee wider citizensâ liberty and prohibition of arbitrary, excessive actions. Itâs verified, also, its nature as a principle, its origin and its historical development, as well as the function that it represents in legal hermeneutics. The relevance of the study is emphasized by the reason that the criminal doctrine is still devoid of deepened contributions on the subject, despite being the principle derived from the necessity to control the Stateâs jus puniendi exercise. It is evidenced by, diversely, a significant development of the principle in other sectors of Law, as, for example, in the Constitutional Law, where the current contours of that principle had been established, especially by the work of the German doctrine and jurisprudence. Because of the subjectâs theoretical character and from the theoretical reference that was followed, against the decisions of the Brazilian Court, the deductive method of the approach is used. It is expected that this study may provide a valuable contribution for the development of the principle study in criminal field, once it tries to clarify the contours of one of the most important principles pertaining to the protection of basic human rights

ASSUNTO(S)

atividade punitiva law principles direito proporcionalidade princÃpios jurÃdicos punishment activity proportionality

ACESSO AO ARTIGO

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