DAS PENAS - DIREITO PENAL

Summary

This video explains the concept of criminal penalties in Brazilian law, focusing on key principles such as the legality of penalties, proportionality, and personal applicability. It covers the various purposes of punishment, including retribution, deterrence, and rehabilitation. The content also introduces the different theories behind criminal penalties, with an emphasis on how these principles shape the legal system's response to crime. Additionally, the video explores how punishment should be individualized based on the nature of the crime and the behavior of the offender, aiming to create a fair and just legal environment.

Takeaways

• 😀 Penal sanctions are a broad category that includes both security measures and punishments. These are applied by the state in response to criminal infractions.
• 😀 According to Cléber Masson, a punishment is a form of penal sanction that involves the deprivation or restriction of specific legal rights, applied by the state following a criminal offense.
• 😀 The primary purpose of punishment is to punish the offender, re-establish societal order, and deter future crimes by sending a message of deterrence to society.
• 😀 Two key principles of punishment are the 'principle of legality' (no crime or penalty without prior legal definition) and 'principle of retroactivity' (laws should not be applied to acts committed before they were enacted).
• 😀 The principle of intranscendence ensures that punishments affect only the offender, not their family or other unrelated individuals, with exceptions like reparations or asset forfeiture extended to heirs in some cases.
• 😀 The principle of proportionality mandates that the severity of the penalty must align with the gravity of the criminal act, ensuring a just and balanced response to crime.
• 😀 The individualization principle holds that the penalty must be tailored to the specific behavior and circumstances of the offender, allowing for differentiated treatment based on the offense and individual factors.
• 😀 The theories of punishment are categorized into retributive, preventive, and resocialization purposes. Each serves different societal needs in response to criminal behavior.
• 😀 Retributive justice focuses on ensuring the offender receives punishment in proportion to the harm caused, essentially following the principle of 'an eye for an eye'.
• 😀 Preventive justice aims to deter both the individual offender from repeating the crime and the broader community from committing similar offenses. It serves as a societal deterrent.
• 😀 Resocialization aims to rehabilitate the offender, ensuring that they leave the penal system prepared to reintegrate into society as law-abiding citizens.

Q & A

What is the definition of a penalty according to Cléber Masson?

Cléber Masson defines a penalty as a type of penal sanction consisting of the deprivation or restriction of certain legal assets of the condemned, applied by the state as a consequence of committing a criminal offense. The penalty serves to punish the offender, contribute to social coexistence, and deter future crimes.

What is the principle of Legal Reserve in criminal law?

The principle of Legal Reserve dictates that no crime or penalty can exist without a legal definition prior to the act. This is enshrined in Article 5, Inciso 39 of the Brazilian Constitution, which states that there can be no crime without prior law, nor a penalty without prior legal definition.

What does the principle of Retroactivity entail in criminal law?

The principle of Retroactivity means that no penalty can be applied retroactively unless it is defined by law beforehand. This ensures that the law does not penalize actions committed before the penalty was established.

How does the principle of Non-Transcendence function in relation to penalties?

The principle of Non-Transcendence ensures that penalties are personal to the offender. They do not affect the offender's family or unrelated third parties, unless specified by law for restitution or forfeiture of assets.

What is the purpose of the principle of Proportionality in penal law?

The principle of Proportionality ensures that the penalty imposed is adequate and just in relation to the offense committed. It ensures that there is a clear relationship between the severity of the crime and the severity of the penalty.

What does the principle of Individualization in criminal penalties mean?

The principle of Individualization means that penalties should be tailored to fit both the specific crime and the individual characteristics of the offender. It ensures that penalties are not one-size-fits-all but reflect the personal circumstances and conduct of the offender.

What are the three main theories of penalties in criminal law?

The three main theories of penalties are: Retributive, Preventive, and Resocializing. Retributive theory focuses on punishing the offender for the wrongdoing, Preventive theory aims to deter future crimes, and Resocializing theory is designed to rehabilitate the offender and reintegrate them into society.

What is the goal of the retributive theory of penalties?

The retributive theory seeks to provide a form of justice by imposing a penalty that is proportionate to the crime committed. It focuses on the moral justification for punishing the offender based on their illicit actions.

How does the preventive theory of penalties function?

The preventive theory aims to prevent further crimes by deterring both the individual offender and society at large from committing similar crimes. It focuses on creating fear and discouragement through the penalty.

What does the resocializing theory of penalties emphasize?

The resocializing theory focuses on rehabilitating the offender. Its goal is to prepare the offender to reintegrate into society as a law-abiding citizen, reducing the likelihood of reoffending.