Criminal law and politics

Authors

  • Luiz Vicente Cernicchiaro

Keywords:

Criminal Law, Politics, Individualization of penalty, Jurisdictional function, Social justice

Abstract

The article examines the relationship between Criminal Law and politics, from the formalization of the norm to the individualization of the penalty. The methodology used is the theoretical and critical analysis of criminal dogmatics and the jurisdictional function. The exposition argues that the law does not always translate the Law and that the magistrate, as a political agent, must interpret the norm according to principles and social reality. The investigation concludes that the criminal sentence is only legitimate when oriented toward justice and social utility, and the judge must refuse unjust law and create the adequate solution for the concrete case, without replacing the legislator.

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References

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Published

1998-10-01

How to Cite

CERNICCHIARO, Luiz Vicente. Criminal law and politics. Brazilian Journal of Criminal Science, São Paulo, v. 24, n. 24, p. 157–166, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3782. Acesso em: 20 oct. 2026.
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