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Principle of criminal legality as a fundamental human right

Princípio da legalidade penal como direito humano fundamental
[journal article]

Hoffmann Monteiro de Castro, Henrique

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Abstract This work aims to discuss the principle of legality in criminal law, principle qualified as a fundamental human right. The criminal legality is a natural guarantee of citizens, having basic character in any state that pretends itself democratic, reflecting main feature of the legal systems based on justice and rationality. As it is clear that the principle of legality seems to be a constitutional guarantee of individual, its analysis is essential for understanding a principled view of the criminal law. To do so, it perquires about the character of legality, reflects on the intimate relationship between legality and democratic state, peers up about the historical origin and content of the clause of legality, reasons about the consequences of this postulate, formulates ideas about the criminalization warrants, develops arguments about controversial issues involving the legality of criminal and, finally, some finishing touches are made on the subject.
Keywords criminal law; legality; constitutional state; human rights; legal order
Classification Law
Free Keywords Democratic State of Law; Principle of Legality
Document language Portugese
Publication Year 2012
Page/Pages p. 76-91
Journal Lex Humana, 4 (2012) 2
ISSN 2175-0947
Status Published Version; peer reviewed
Licence Creative Commons - Attribution-NonCommercial