Ação direta de inconstitucionalidade por omissão nº 26 do STF e o princípio da reserva legal na tipificação de condutas criminosa: a possível interferência do judiciário na função típica do legislativo

• Autor(a) principal: de Sousa, Julio Feliciano
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5600
• topic: Racismo; Poder Legislativo; Segurança jurídica

The objective of the present work is to analyze the possibility of the Judiciary to interfere in the Legislative to effect the creation of a criminal type. As for the method used, it is the deductive, whereas in the type of research, as for the level, it is classified as exploratory. As for the research approach, its categorization is qualitative and, in relation to the procedure, bibliographic, notably in the use of legal books, as well as legislation, jurisprudence and periodicals. The result obtained with this research is that the system of checks and balances (checks and balances) brought by the doctrine is effective and extremely necessary for the preservation of a Democratic State of Law and for the maintenance of legal security, so that the decision rendered in ADO nº 26 it does not violate the Principle of Legal Reserve, but only relativizes it to protect fundamental guarantees. It was also found that the Legislative Branch, in an omissive manner, should legislate for citizens, however it does so in the interests of its own interests, in order to guarantee a future candidacy, in most cases. They represent much of the population, yet they leave the minority to their own devices or dependent on an oppressed militant member who, with much effort, managed to preserve the guarantees granted to them. It appears that, throughout the history of the world, deaths, conflicts and courage were necessary for new rights to be conquered, thus making the power not only in the hands of the monarch. This shows us that the tripartite system, even though it has imperfections, is the most effective in guaranteeing rights and preserving guarantees, as happened with the LGBT group that, through ADO nº 26, managed to ensure their physical and mental integrity, so that any homophobic conduct, from the decision, will give rise to the typification of the crime of racism, as it happens against acts of discrimination or prejudice of race, color, ethnicity, religion or national origin.