Banca de DEFESA: SARA DE ASSIS AQUINO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SARA DE ASSIS AQUINO
DATE: 25/08/2023
TIME: 10:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZmZhNGEyNzEtNTAyMS00ZTJmLTkzMTktYmY1MGQ3MjY0Z
TITLE:

"The interpretation according to the Constitution of criminal laws in the Supreme Court".

KEY WORDS:

Federal Supreme Court – interpretation according to the Constitution – constitutionalization of criminal law – criminal norm – judicial creative capacity

PAGES: 233
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation aims to examine the constitutional interpretation of criminal laws in the Supreme Court (STF, in portuguese). The research conducted is based on the observation that the expansion of constitutional jurisdiction has effects on all domains, including criminal matters. Considering the role of the Federal Supreme Court (STF) and the recent constitutionalization of criminal law in Brazil, this study focuses on how the interpretation according to the Constitution is used when applied to criminal and criminal procedural rules. Ultimately, this dissertation seeks to analyze the result of an interpretation according to constitutional adequacy of criminal legislation by the STF. To this end, the study is divided into three chapters. The first is concerned with situating the interpretation according to the Constitution as a modern method of constitutional interpretation. In the next chapter, the path of the constitutionalization of criminal law in Brazil is analyzed in accordance with the movement initiated in countries such as Germany, Spain, Italy and Portugal, whose criminal doctrines have a strong influence on the Brazilian system. The third chapter, in turn, presents the issues surrounding the legitimacy of the constitutional interpretation of criminal laws. We examine German case law, based on the specific study of Lothar Kuhlen, and synthesize four categories used to analyze Brazilian case law, namely: (i) reduction and expansion in accordance with the Constitution within the margin made possible by the literalness of the norm; (ii) reduction in accordance with the Constitution unrelated to the normative statement, divided into two subcategories: i) an interpretative method used to conform to legal indeterminacy and (ii.2) an interpretative method used to create normative elements that can be beneficial or harmful to the defendant; (iii) expansion according to the Constitution that benefits the defendant; and (iv) expansion according to the Constitution that harms the defendant. In Brazilian case law, this study explores decisions in all these categories. The conclusion is that the interpretation according to the Constitution has been used by the Federal Supreme Court (STF) both legitimately and to interfere in Brazilian criminal policy, in favor and to the detriment of the defendant, despite the apparent compliance of the constitutional jurisdiction to the rules established by the criminal legislator.

COMMITTEE MEMBERS:
Externo à Instituição - ADEMAR BORGES DE SOUSA FILHO - IDP
Externa à Instituição - ANA ELISA LIBERATORE SILVA BECHARA - USP
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Interno - 1134743 - MARCELO DA COSTA PINTO NEVES