PANPENALISMO A MULTIPLICAÇO DE TIPOS PENAIS COMO MECANISMO DE CONTROLE ESTATAL

Abstract

CONSIDERING THE REALITY OF THE CURRENT LEGAL-CRIMINAL SYSTEM, THERE IS A TENDENCY TO PROLIFERATION IN CONTEMPORARY REALITY. THUS, THE PRESENT STUDY AIMS TO ANALYZE THE PHENOMENON CALLED PANPENALISM AND THE SCOPE OF THIS TREND, PONDERING PRECEDENTS INDICATED IN COMPARATIVE LAW AND STUDIES CARRIED OUT BY THE NATIONAL CRIMINAL DOCTRINE ON THE CONFLICT BETWEEN MAXIMALISM AND CRIMINAL MINIMALISM, IN ORDER TO CRITICALLY DEBATE THE PHENOMENON AND ITS PROBABLE EFFECTS. THE PROBLEM TO BE ANSWERED CONSISTS OF THE FOLLOWING QUESTION: WOULD THE INCESSANT REGULATION OF CRIMINAL TYPES BE SUFFICIENT MECHANISM TO COMBAT CRIME IN BRAZIL? TO THIS END, BIBLIOGRAPHIC RESEARCH WAS USED TO SUPPORT THIS WORK, NOTING AFTER NUMEROUS ANALYZES THAT THE TREND SHOULD BE AVOIDED, GIVEN THE NEED TO PROMOTE THE FIGHT AGAINST CRIME AND RESPECT FOR THE REGULATORY NORMS OF ACTS INHERENT IN CIVIL LIFE IN AN ENVIRONMENT THAT PRESERVES THE FOUNDATIONS OF THE DEMOCRATIC STATE OF LAW, AS WELL AS RESPECT FOR THE BASIC PRINCIPLES OF CRIMINAL LAW, SUCH AS MINIMUM INTERVENTION.