Ordinary law in criminal matters: latent incongruity

• Autor(a) principal: Gimenes, Renata Okano
• Data de Publicação: 2007
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/11461
• topic: Tort law; Legal and criminal as well; Complementary law; Direito Penal; Bem jurídico-penal; Lei Complementar.

The legislative activity of the State, on the issue of law in criminal matters, should attend the legal and criminal assets leaked in the Federal Constitution. To protect those constitutional values, the constitutional legislator has reserved some matters to be treated by complementary law. These materials are considered essentially relevant for driving Federation, can only be regulated by privileged quorum and an absolute majority, which are not required in the ordinary legislative procedure. This stricter requirement in the rite creation of a supplementary law provides a elastecimento the discussion stage legislative, which results in more effective implementation of the principle of ultima ratio criminal law in order to use the system only in situations penalístico really necessary. It is shown, therefore, supplemental law as legal means more appropriate to introduce criminal normal in the legal system in order enhance the operability of penalístico system, approaching the must-be legislative social reality and contributing to the stabilization of the security legal.