Fundamental principles of criminal law

Authors

  • Cezar Roberto Bitencourt
  • Luiz Régis Prado

Keywords:

Legality, Minimal intervention, Culpability, Humanity, Insignificance

Abstract

The text examines the fundamental principles of Criminal Law in a Social and Democratic State of Law, presenting them as guarantees of the citizen before the state punitive power, protected by the 1988 Constitution. It analyzes the principle of legality or legal reserve, minimal intervention as ultima ratio, fragmentarity, culpability in its three senses, humanity, the irretroactivity of criminal law and the retroactivity of the more benign law, social adequacy and insignificance. It concludes that such principles guide the legislator toward a minimal, garantist Criminal Law focused on human rights.

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References

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Published

1996-07-01

How to Cite

BITENCOURT, Cezar Roberto; PRADO, Luiz Régis. Fundamental principles of criminal law. Brazilian Journal of Criminal Science, São Paulo, v. 15, n. 15, p. 81–88, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3514. Acesso em: 20 oct. 2026.
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