Apreciação conceitual e finalística das contravenções penais e sua relação com o princípio da intervenção minima do Direito penal.

Abstract

Criminal law is the main source of power of the state, since it imposes on violators the penalty that may consist of restriction of freedom of movement. Thus, the legislature can not use the criminal law as common bunt, putting under the tutelage of this branch, property or conduct that does not deserve attention this legal discipline. An example of this problem is the Law of Misdemeanors Criminal, Decree-Law Nº 3.688/1941. Thus, the Criminal legislature, observing the principle of Minimum Intervention, must preserve the characterization of behaviors that go against goods that are not of great value to public policy. The study aims to analysis of Decree-Law Nº 3.688, of 03 of October of 1941, from the perspective of the Minimum Intervention Principle. To achieve the result we use desk research, using the scientific method of deductive research. Finally, it is concluded that the Law of Misdemeanors Criminal is a legal diploma, retrograde, old in step with the prevailing constitutional order, which violates the principle of minimum intervention of criminal law, ensuring low value goods, which brings the ceara Criminal reactive materials to other branches of legal science, generating doctrine jurisprudence and stir, making the subsumption of the facts to the rules in force, that is, generating apparent conflict of norms.