Inconvencionalidade do crime de desacato: análise da decisão do Superior Tribunal de Justiça

Abstract

This is a research about the analysis of jurisprudential decisions of the Superior Courts, especially the Special Appeal nº 1.640.084 /SP and the Habeas Corpus nº 379.269 /MS, both of which were prepared by the Superior Court of Justice, which dealt with consistent arguments in the investigation about the unconventionality or not of the offense of contempt, based on the American Convention on Human Rights (Pact of San José, Costa Rica). There is a contextualization of the historical evolution of Criminal Law, besides listing some relevant principles that have ample reverberation in the area of contemporary punitive politics. In addition, it treats of the theory of the criminal guaranty, being this one analyzed on three different meanings by Luigi Ferrajoli. The process of incorporating international treaties into the national legal system is also addressed, with the main focus being the examination of the American Convention on Human Rights. It is also necessary to analyze the crime of desacato in its general aspects, as well as brings critical reflections, from the appreciation of decisions enunciated by the Superior Court of Justice on its compatibility or not with the Pact of San José of Costa Rica. The present work was carried out through an extensive bibliographical research.