ANDRADE, D. A.; http://lattes.cnpq.br/9814763672042423; ANDRADE, Daniella Alves.
Résumé:
This monograph aims to analyze the feasibility of applying the Office of
the combination of criminal laws in the camp, creatingan evolutionary framework for
both the principle of separation of powers and comparing the pros and cons of its
use. Further usewill be the hermeneutical method-law, since it organizes the
guidelines, principles and values needed in the epistemological development,
and facilitates the application of techniques. Moreover, regarding the procedures, it
will use the technique of interpretation. Our times, when speaking of the combination
of laws, reference is made almost instantly, the mix of criminal laws. The lex tertia, as
is commonly named, is the subject of discussion since its birth. Although the
institute arouse bitter strife for decades, there is still peacefulness regarding your
application. The notion of separation of powers it is essential to understanding the
subject, so the thought of Aristotle, Locke and Montesquieu combines the
construction of the evolutionary concept of this principle. Similarly portray the
functions typical and atypical of the Executive, Legislative and Judicial branches, as
well as the immunities and privileges. Ponder the reality on the interpretation
of laws and methods, principles and rules guiding this interpretation, highlighting
the validity, the validity and effectiveness of the law. It is a summary of the criminal
law, its creation and particularities, highlighting its extra-activity. It appears from the
arguments for and against the current application of the combination of institute
criminal laws in Brazil, highlighting the clash of fundamental ideas of both chains. It is
evident, finally, the doctrinal and jurisprudential positions on the subject, especially
the last acts of the Supreme Court in this regard.
