Representation and Law 9,099/95

Abstract

The text examines the representation as a procedural condition introduced by art. 88 of Law 9,099/95 for the crimes of minor and negligent bodily injury, analyzing its retroactivity and application to ongoing proceedings. It argues that, although the norm is more beneficial and retroactive, it cannot reach proceedings already initiated, since decadence only occurs before criminal action is initiated. It analyzes the deadline of art. 91, the revocation of Precedent 608 of the Brazilian Supreme Court, and the impossibility of analogical extension of art. 88 to the misdemeanor of scuffle and other lesser offenses. It concludes that judges must preserve positive law and avoid procedural turmoil and legal uncertainty in applying the new legal provisions.