A lei da contravenções penais sob a ótica do Direito penal mínimo.

Abstract

The objective of this study is to evaluate the collation of the Law of Penal Violations with the principles and constitutional guarantees applicable to the Criminal Law. For this, will be employed an approach as from the theory of the Minimum Criminal Law, judging his aspect in the juridical guaranteeism and in the Constitution. Initially, will be analyzed the historical and political context of the moment in what the Law of Penal Violations was created, through the study of the period called “Estado Novo”, characterized for a great political instability, as well as the project that gave origin to the mentioned law. Likewise, will be described the theory of the Minimum Criminal Law and his most prominent principles that face the Law of Penal Violations. Lastly, will happen an accurate analysis about the reception of the Penal Violations in the hodiernal context of the brazilian legal system, emphasizing his practical difficulties and preposterous, by intermedio of the doctrinaire exam and jurisprudential of the crimes without violence foreseen in articles, 21, 42, 50, 58, 62, 63 e 65 of the Law of Penal Violations.