Direito Penal do Zero: Aplicação da Lei Penal - Parte 01 (Aula Completa)

Summary

The video delves into important aspects of criminal law in Brazil, particularly focusing on the retroactive application of more favorable laws to defendants and the prohibition of combining such laws. It explains the principle that only one more favorable law can be applied, in full, when a newer law supersedes an older one. The speaker also covers exceptions, specifically regarding crimes that are ongoing or repeated, where the more severe law can be applied, as per the Brazilian Supreme Federal Court's decision. This insight is crucial for understanding key exam topics in criminal law.

Takeaways

• 😀 The principle of retroactivity of more favorable laws in criminal law means applying the most beneficial law to the defendant, even if it’s enacted after the crime.
• 😀 When a new law is more beneficial to the defendant, it applies retroactively, but only if the crime is ongoing or if the defendant has not yet been sentenced.
• 😀 The principle of the retroactive application of favorable laws also applies to laws that modify or reduce penalties, ensuring more lenient sentences for the defendant.
• 😀 It's not possible to combine two laws that are both favorable to the defendant to create a new, more beneficial law. Only one law can apply in its entirety.
• 😀 When two laws provide different benefits to the defendant in successive years, the law with the most favorable terms must be applied in its totality, without mixing benefits from both.
• 😀 The STF (Supreme Federal Court) decision (RE 817) prohibits the combination of multiple favorable laws to create a single benefit for the defendant.
• 😀 In cases of permanent crimes (like kidnapping), where the crime is ongoing, the defendant may be judged under a law enacted after the crime started if that law is more severe.
• 😀 The STF allows the application of harsher laws in cases of permanent or continuous crimes, such as kidnapping, even if the crime began before the law changed.
• 😀 For continuous crimes, like a series of thefts, the defendant may face a harsher penalty if the law changes during the commission of the crime.
• 😀 It is essential to understand exceptions to the general rule that more favorable laws are retroactive, especially when dealing with permanent or continuous crimes where harsher penalties may apply.

Q & A

What does the speaker emphasize about the retroactive application of favorable laws?

The speaker emphasizes that when a new law is more favorable to the defendant, it should be applied retroactively in its entirety, without modifying or combining with other laws, even if those laws also offer benefits.

Is it possible to combine two favorable laws for the defendant?

No, it is not possible to combine two favorable laws for the defendant. If two laws offer different benefits, the most beneficial law should be applied in its entirety, and combining the benefits from both laws is prohibited.

What is the difference between a 'permanent crime' and a 'continuing crime'?

A permanent crime is an ongoing crime that persists over time, such as kidnapping, where the crime continues until the victim is released. A continuing crime involves a series of separate criminal acts, such as multiple thefts committed over time.

Can a more severe law be applied to permanent or continuing crimes?

Yes, a more severe law can be applied to permanent or continuing crimes, even if it contradicts the general rule of applying the most favorable law. In these cases, the more severe penalty law is applied.

What example does the speaker use to explain the application of more severe laws in permanent crimes?

The speaker uses the example of kidnapping, where the crime persists from January 1st to January 31st. If the law changes during this period and the punishment increases from 5 years to 15 years, the more severe penalty (15 years) is applied, as the crime is permanent.

What principle does the speaker highlight regarding the application of laws to the defendant?

The speaker highlights the principle that, in general, the most favorable law should be applied to the defendant. However, in cases of permanent or continuing crimes, this principle may be overridden by applying a more severe law.

What is the significance of the STF ruling mentioned in the transcript?

The STF ruling, particularly the Summa 711, determines that a more severe law can be applied in cases of permanent or continuing crimes. This is an exception to the general rule of applying the most favorable law.

What is the role of the judge in applying beneficial laws to the defendant?

The judge is responsible for applying the most beneficial law to the defendant, ensuring that the defendant receives the best possible legal outcome based on the laws in place.

How does the speaker prepare students for potential exam questions on this topic?

The speaker emphasizes the importance of understanding both the general principles and exceptions, particularly regarding the application of laws in permanent and continuing crimes, to be well-prepared for exam questions.

What is the key takeaway regarding the application of more severe laws in specific crimes?

The key takeaway is that while the general rule is to apply the most favorable law to the defendant, more severe laws can be applied in cases of permanent or continuing crimes, as stipulated by the STF's Summa 711.