Bem jurídico penal e a proteção de direitos fundamentais: uma evolução histórica

Abstract

The line of work followed in this monography approached many concepts and functions given to protect criminal assets, from general to specific, from philosophy to criminal law, however, it was necessary to examine others concetps, in an evolution scale, to reach the criminal protection assets. The work intended to examine the importance of the criminal protection assets as needed to keep human rights in balance with the State power to create regulations, especially in criminal dogma and constitution. In that way, the work intends to show concepts and the functions of the criminal assets, from philosophic to dogma concepts, from farthest to current time, according to prevailing axiological values in each epoch, aiming at legitimizing the assets protection norms most expensive in society, through criminal law. Then, the principles of each era was analysed to reach the values in actual fundamentals norms, for the purpose of understanding the criminal assets, their functions e the values of wich are pointed by doctrine as historical needs to be protected by criminal laws.