O descompasso entre o princípio da intervenção mínima e a Lei das Contravenções Penais

• Autor(a) principal: Cruz, Renne Müller
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/24637
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Princípio da intervenção mínima; Lei das Contravenções Penais; Subprincípios da fragmentariedade e da subsidiariedade; Princípio da dignidade da pessoa humana; Minimum intervention principle; Criminal Contraventions Law; Fragmentarity subprinciple; Subsidiarity subprinciple; Dignity of the human person principle

Criminal Law is the most invasive legal discipline in the sphere of individual freedoms, as it can affects one of the most valuable assets, namely freedom of movement. For this reason, it should take place only when the other branches of Law, such as Civil Law and Administrative Law, are not sufficient to solve a certain problem. Consequently, its fragmentary and subsidiary characteristics emerge, which mark the need for minimal action by the Public Power in criminal positivization, which should avoid criminalizing conducts of little relevance to the social body, as well as neglecting sanctions of disproportionate severity in relation to evil caused by the practice of the offense. This is called minimum intervention principle. Among the almost endless extravagant criminal legislation, the one that represents the greatest disagreement with the so-called minimum intervention principle is, without a doubt, the Criminal Contraventions Law, Decree-Law Number 3,688/1941, inherent to a period of totalitarianism, characteristic of the New State, by Getúlio Vargas. The objective of this work is to demonstrate that the revocation of a series of criminal contraventions, or the abrogation of the aforementioned Decree-Law, is consistent with the desires of contemporary society and a modern Criminal Law, which should restrict the concern and action to attacks on real legal assets, such as, for example, life, freedom and sexual dignity. It is pointed out as the homeland doctrine, foreign authors and our Courts have been positioning themselves on the theme. The main conclusion we reach is that an efficient activity against crime must be guided by the observance of the ethical-legal limits of the Democratic Constitutional State of Law, with respect to the basic dignity of the human person principle, which in the criminal sphere it can be achieved through minimal intervention, with the government spending efforts on what really afflicts the community