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The risk of delegalization in criminal law: analysis of the administrative complementation of the punitive order

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Chiavelli Facenda Falavigno
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Helena Regina Lobo da Costa; Marina Pinhão Coelho Araujo; Mariângela Gama de Magalhães Gomes
Advisor: Helena Regina Lobo da Costa

The subject of the present work is the risk of delegalization of criminal law, which consists in the excessive complementation of blank criminal rules by regulations and other kinds of rules of administrative nature, resulting in a series of harmful consequences, such as the veiled delegation of criminal jurisdiction to the Executive Power, the affront to the lawfulness principle in its line of \"right lex\" or \"rateability\", the indiscriminate occurrence of the error of prohibition, among others. The present work will investigate what is the phenomenon of the delegalization of the punitive legal system, how it occurs and when it can be considered where was an excess in the complementation of the criminal law. The project also proposes to evaluate the main causes of social changes and criminal policy that may have led to the increasing need for legal complementation. It is essential, therefore, to verify in which areas such phenomenon can occur with predominance, such as environmental criminal law, economic criminal law and criminal law of drugs, noting the common characteristics of legal rights protected by such regulations. The research intends to address the (in) compatibility of such procedure with the guiding principles of criminal law, as well as with the Brazilian Criminal Law constitutionally oriented. In spite of the already consolidated legitimacy in the national criminal law of the blank criminal rule, it is necessary that its use presents form and content limitations, such as the exact delimitation of the delegated party or, also, obedience, by the complementary law, of certainty criteria and determination. In this line, in the last part of the research, it is sought to find several possibilities for the solution of the issue, making use of complex and multidisciplinary thinking in the analysis of the phenomenon, using not only the possibilities of dogmatics, but also the hermeneutics, comparative law, criminology and criminal policy currently in force in the country. The methodology used will be bibliographical and legislative research. (AU)

FAPESP's process: 16/03106-2 - The risk of excessive complementation in Criminal Law
Grantee:Chiavelli Facenda Falavigno
Support Opportunities: Scholarships in Brazil - Doctorate