VELOCIDADES DO DIREITO PENAL: Aula sobre Direito Penal para Concursos

Summary

In this video, the speaker discusses the theory of criminal law velocities by author Silva Sanches, who categorizes criminal law into four distinct speeds. First speed emphasizes the application of imprisonment with full observance of the accused's rights, making it a slower process. Second speed, akin to administrative law, focuses more on restrictive and pecuniary penalties with limited rights for the accused, leading to a faster response. Third speed, related to the 'enemy of the state,' combines elements of the first two, with a predominance of imprisonment but with restricted rights. The fourth speed is associated with the International Criminal Court, dealing with grave crimes against humanity with significant restrictions on the accused's rights, marking the fastest and most severe application of criminal law.

Takeaways

• 📚 Silva Sanches introduces the theory of different speeds in criminal law, focusing on how penalties are applied and the protection of accused individuals' rights.
• 🚓 The first speed of criminal law involves the predominance of imprisonment penalties while fully observing the rights and guarantees of the accused, making it a slower process.
• ⚖️ The second speed of criminal law is more akin to administrative law, emphasizing restrictive rights penalties and fines, with fewer protections for the accused, leading to quicker resolutions.
• 🔒 The third speed, or 'enemy criminal law,' combines aspects of the first and second speeds. It involves imprisonment with limited protections for the accused, often applied to those considered enemies of the state.
• 🌍 The fourth speed pertains to international criminal law, specifically the International Criminal Court (ICC), which deals with crimes like genocide, war crimes, aggression, and crimes against humanity.
• ⚖️ The ICC operates as a permanent court established by the Rome Statute, intervening when local jurisdictions fail to prosecute these severe crimes adequately.
• 🕰️ Crimes judged by the ICC are considered imprescriptible due to their grave nature and impact on the international community.
• 💡 The first speed ensures thorough due process, while the second speed prioritizes efficiency over the full protection of the accused's rights.
• 🛡️ The third speed often faces criticism for potentially violating individual guarantees, given its approach to anticipating and punishing preparatory acts and abstract danger crimes.
• 🌐 The fourth speed reflects a higher level of international legal intervention, imposing severe penalties and further restricting the fundamental rights of the accused to uphold global justice standards.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is the theory of penal velocities in criminal law, as proposed by the author Silva Sanches.

What are the characteristics of first-speed penal law according to Silva Sanches?

First-speed penal law is characterized by a predominance of the application of penalties, specifically deprivation of liberty, with a complete observance of the rights and guarantees of the accused, making it a slower process.

How does second-speed penal law differ from the first-speed penal law?

Second-speed penal law differs by not focusing on deprivation of liberty as a penalty. It is more similar to administrative law, with a predominance of restrictive rights penalties and pecuniary fines, and it restricts the rights and guarantees of the accused, leading to a faster response.

What is the concept of third-speed penal law in Silva Sanches' theory?

Third-speed penal law applies to cases of 'the enemy' and combines elements of both first and second-speed penal law. It features a predominance of deprivation of liberty penalties but with restrictions on the rights and guarantees of the accused.

Why is there controversy surrounding the concept of 'the enemy' in penal law?

The concept of 'the enemy' in penal law is controversial because it may infringe upon individual guarantees. Some argue that it should not exist as it restricts the rights and guarantees of the accused more than necessary.

What is the fourth-speed penal law related to, according to Silva Sanches?

The fourth-speed penal law is related to the International Criminal Court (ICC). It deals with...