The anti-crime package after the judgments of ADIs 6298, 6299, 6300, and 6305 by the Supreme Federal Court: an analysis of the interpretation in accordance with the
The principle of constitutional supremacy underpins the incompatibility of infraconstitutional norms within the legal system when they conflict with the text of the Constitution. In this sense, following the approval of the Anti-Crime Package, several Direct Actions of Unconstitutionality (ADIs) wer...
| Autores: | , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Recursos: | Editora JRG |
| Repositorio: | Revista JRG de Estudos Acadêmicos |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.revistajrg.com:article/1450 |
| Acesso em linha: | http://revistajrg.com/index.php/jrg/article/view/1450 |
| Access Level: | acceso abierto |
| Palavra-chave: | Pacote anticrime Direito penal Constitucionalidade Supremo Tribunal Federal Anti-Crime Package Criminal Law Constitutionality Supreme Federal Court |
| Resumo: | The principle of constitutional supremacy underpins the incompatibility of infraconstitutional norms within the legal system when they conflict with the text of the Constitution. In this sense, following the approval of the Anti-Crime Package, several Direct Actions of Unconstitutionality (ADIs) were filed with the Supreme Federal Court (STF) regarding aspects of Law 13.964/2019 (Anti-Crime Package), which were recently adjudicated. This article aims to demonstrate the current understanding and application of the Anti-Crime Package after the Supreme Court's ruling, specifically regarding ADIs 6298, 6299, 6300, and 6305, by assessing whether the interpretation was in accordance with the Federal Constitution. Regarding its scope, this research can be considered exploratory and explanatory, utilizing a qualitative approach to the changes introduced by the aforementioned law. It is also a theoretical and bibliographic research, drawing on doctrinal and jurisprudential references. In conclusion, it was possible to analyze the divergent arguments of national doctrine regarding the foundations of the Preliminary Injunction that suspended the effectiveness of articles 3-A to 3-F of Law 13.964/19. Judicial decisions in Brazil also demonstrated the feasibility of implementing the Judge of Guarantees, provided attention is paid to the unconstitutionality issues raised by the Supreme Court, where it is possible to resolve ambiguous points in the pursuit of maintaining the rule of law and updating the Criminal Procedure System. |
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