Dogmatic Analysis of The Constitucional Criminalizing Commandments and of the Constitutional Criminal Principles

Abstract

The Brazilian Federal Constitution throws inflows directed to all of the fields of the Law, including the Criminal Law, which must comply the constitutional rules, that conditions the legislator’s and the judge’s work, since the public force holds the power-duty to punish the transgressors of the law. The Constitutional Criminal Law, therefore, provides content levies both to the making and to the enforcement of the Criminal Laws, through the implicit or explicit constitutional principles and the constitutional criminalizing commandments, of hindering and prescriptive content. Both must be taken in consideration, in the Criminal Law of the Democratic State of Law.

Keywords

• Direito constitucional penal
• Princípios constitucionais penais
• Mandamentos constitucionais criminalizadores
• Imposição de conteúdo