Aspectos legais, doutrinários e jurisprudenciais acerca da possibilidade de combinação de leis para o benefício do réu

Abstract

This study aims to examine the possibility of combining laws which follow in time in order to benefit the defendant. The Legislative, often under pressure from opinion poll, ends up creating many criminal laws, sometimes _recrudescending how to deal with the defendant, sometimes relaxing. It is known that the Constitution only allows retroactivity of criminal law when it is beneficial. But there are cases in which the subsequent law brings in beneficial content , as well as harmful content to the accused, making the judge have doubts when applying the law to the case. So it will be made, initially, an approach from the principles that underlie the criminal law. Then considerations concerning the combination of laws considered by national and foreign doctrine will be made. It will also be briefly discussed the Project of the new Criminal Code which expressly deals with the topic under study. After that, a detailed analysis of the evolution of the jurisprudence of the Supreme Court and the Federal Court about the topic will be held. From the description of the phenomenon of combination of criminal laws, arguments that reinforce the seal to such a combination of laws will be exposed, in order to show that, if the judge combining parts of two different laws to be applied to the case, the principle of separation of powers(entrenchment clause of our Constitution) will be violated.