THE SPECIAL PART OF CRIMINAL CODE BETWEEN CODIFICATION AND DECODIFICATION: SUGGESTIONS FOR AN INITIAL APPROACH

Authors

  • André Ribeiro Giamberardino Universidade Federal do Paraná

DOI:

https://doi.org/10.5380/rfdufpr.v49i0.17038

Keywords:

Direito Penal, Codificação, Parte Especial, Constitucionalização, Criminal Law, Codification, Special Part of Criminal Code, Constitutionalisation

Abstract

The study of the “special part” of the Penal Code provides an introductory proposition
from many angles of approach, which emphasizes its importance whereas it’s often in this field that the
principles and guarantees established by the Constitution and by the theory of Criminal Law presented
in the “general part” are undermined. First of all there is the question of the profusion of special penal
laws, outside the Penal Code, and how the movements of modern codification and the latest decodification
take place in the legislative history of Brazilian criminal law. Secondly, it is suggested that the reduction
of the intervention of criminal law requires a better control of legitimacy of the special part, under
constitutional parameters. On the one hand it concerns the legislature, reducing the possibility of primary
criminalization to the strictly necessary cases which concern the harm to a fundamental right referred
by the Constitution. On the other hand also the judicial interpretation should be constitutionalized,
through the approximation between the study of the special part and the subject of the constitutionality
control, specially by its diffused model.

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How to Cite

Giamberardino, A. R. (2009). THE SPECIAL PART OF CRIMINAL CODE BETWEEN CODIFICATION AND DECODIFICATION: SUGGESTIONS FOR AN INITIAL APPROACH. Revista Da Faculdade De Direito UFPR, 49. https://doi.org/10.5380/rfdufpr.v49i0.17038

Issue

Vol. 49 No. 0 (2009)

Section

Artigos

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