Law 9,099 of September 26, 1995

some observations

Authors

  • Luiz Vicente Cernicchiaro Superior Tribunal de Justiça, STJ, Brasil

Keywords:

Special Criminal Courts, Law 9,099/95, Criminal transaction, Minor offensive potential offenses, Legal system

Abstract

The text examines Law 9,099/95, which established the Special Civil and Criminal Courts, emphasizing its nature as a new legal system rather than a mere procedure added to the Criminal Procedure Code. Based on Article 98 of the Constitution, the author argues that the law introduced its own principles, such as transaction, conciliation and celerity, setting aside the non-disposability of criminal action and the requirement of criminal instruction as a prerequisite for sanction. It analyzes the preliminary phase, the detailed report, the composition of civil damages, representation, the Public Prosecutor's proposal and archiving. It concludes that correct interpretation requires reasoning with the principles of the new system, applying the Criminal Procedure Code only subsidiarily.

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Author Biography

Luiz Vicente Cernicchiaro, Superior Tribunal de Justiça, STJ, Brasil

Ministro do Superior Tribunal de Justiça.

References

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Published

1996-01-01

How to Cite

CERNICCHIARO, Luiz Vicente. Law 9,099 of September 26, 1995: some observations. Brazilian Journal of Criminal Science, São Paulo, v. 13, n. 13, p. 120–129, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3456. Acesso em: 20 oct. 2026.
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