Antinomias do direito penal: problemas para a segurança jurídica

Abstract

This paper aims to discuss, analyze and propose solutions to the legal-social problematic that involves the contradiction, in the field of criminal law and criminal procedure, with the purpose of establishing better legal security applicability, collabo rating with the innovations of legal thinking. Therefore, the study focuses on the ex istence of various devices that are conflicting among themselves due to their literal ness and interpretation. Finally, we conclude that the law operator must analyze each particular case to respect the dignity postulates of the human person, proportionality and, above all, the non-infringement of the most relevant fundamental rights. And, thus, not compromise to the various pressures of the society with the elaboration of new criminal types that, in most cases, already exist in the legal system, causing the phenomenon of legislative inflation. In this context, the present research uses the inductive method through bibliographical study and analysis of examples that en courage understanding