Código Penal Brasileiro GRÁTIS 5.0 Apk
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Description of Código Penal Brasileiro GRÁTIS
Brazilian Penal Code Code - FREE
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The current penal code in Brazil was created by Decree-Law No. 2,848, of December 7, 1940, by then President Getúlio Vargas during the Estado Novo period, with the Minister of Justice Francisco Campos. The current code is the 3rd in Brazil's history and the longest in duration, were the previous 1830 and 1890.
Despite the creation in 1940, the current code only came into force on 1 January 1942 (Article 361).
The code originated in Alcântara Machado project work submitted to a review committee composed of Nelson Hungria, Vieira Braga, Narcélio de Queiroz and Roberto Lira. There are historical references as collaborations Minister Antônio José da Costa e Silva, part of the editorial review, Abgar Renault, but these were not directly part of the committee.
The interpretation of the Criminal Code in light of the Constitution reveals the following basic principles: legality, due process, guilt, lesividade, proportionality, individualization, humanization and social value of the penalty, subsidiarity, fragmentariedade. Anyway, the Brazilian criminal law is a defense barrier of the individual in the face of punitive power of the State.
The replacement of the Penal Code was attempted by Decree-Law No. 1,004, of October 21, 1969, but the reviews were so great that he was substantially modified by Law No. 6,016, of December 31, 1973. Despite several delays to the start of his term was repealed by Law No. 6,578, of October 11, 1978.
After the failure of a major revision in the criminal system, November 27, 1980 a committee was established to prepare a draft bill to reform the General Part of the Penal Code of 1940. This committee was chaired by Francis of Assisi Toledo and had as members: Miguel Reale Júnior, Francisco Serrano Neves, René Ariel Dotti, Ricardo Antunes Andreucci, Roger Lauria Tucci Fonseca and Helio.
The committee's discussion and legislative amendments to Law No. 7,209, of July 11, 1984, made changes in the general section, going into effect six months after the date of publication.
Although a relatively large degree, the Criminal Code (Criminal fundamental law) does not exhaust all criminal matters under Brazilian law. There is an extraordinary amount of special penal laws (Supplementary Criminal Law).
Calls stress the last change made to the Penal Code, which is the enactment of Law 12.015/2009, which deals with the " crimes". The theme was, mostly, modified, and some Extinct crimes code with itself while typing, for example the art. 214, which dealt with indecent assault, which has now been absorbed by the capitulation of the article defines rape.