Arbitrary criminal punishment

Authors

  • Augusto Thompson

Keywords:

Arbitrary criminal punishment, Principle of legality, Restrictive penalties, Judicial discretion

Abstract

The text examines the so-called arbitrary criminal punishment, criticizing the possibility that judges, under the justification of applying restrictive penalties, concretely create forms of punishment not provided for by law. Based on examples of judicial decisions, the author traces the historical tradition of penal arbitrariness and confronts it with the constitutional principle of legality, particularly the requirement of prior legal definition of punishment. He argues that the discretion granted to judges by Article 46 of the Penal Code cannot authorize the creation of sanctions according to judicial inventiveness, under penalty of violating the principle of nulla poena sine lege.

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Author Biography

Augusto Thompson

Advogado criminal no Rio de Janeiro.

References

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Published

1993-01-01

How to Cite

THOMPSON, Augusto. Arbitrary criminal punishment. Brazilian Journal of Criminal Science, São Paulo, v. 1, n. 1, p. 76–77, 1993. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3210. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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