Legislative innovation in criminal matters

a delicate solution in combating crime

Authors

  • Willian de Oliveira Terra

Keywords:

Legislative innovation, Criminal Law, Organized crime, Law 9,034/95, Individual guarantees

Abstract

The text examines penal legislative innovation in the face of social changes and the specialization of crime. It comparatively analyzes the Spanish Witness Protection Law and Brazilian Law 9,034/95 on criminal organizations. It argues that Criminal Law experiences an instrumental dilemma, serving to combat crime and limit state power, with the legislator having to renounce one-sidedness. It criticizes Law 9,034/95 for its conceptual imprecision and for attributing to the judge investigative functions belonging to the Public Prosecutor's Office. It concludes that criminal law, although severe, requires clarity and theoretical foundation to fulfill its two-fold function of protecting the community and guaranteeing the individual.

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Author Biography

Willian de Oliveira Terra

Promotor de Justiça de São Paulo; Doutorando da Universidade Complutense de Madrid.

References

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Published

1995-12-01

How to Cite

TERRA, Willian de Oliveira. Legislative innovation in criminal matters: a delicate solution in combating crime. Brazilian Journal of Criminal Science, São Paulo, v. 12, n. 12, p. 201–205, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3436. Acesso em: 20 oct. 2026.
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