REGULATING DECREES OF THE DISARMAMENT STATUTE AND VIOLATION OF THE PRINCIPLE OF CRIMINAL LEGALITY

Abstract

This paper seeks to critically analyze the disorganized and unskilled succession of presidential decrees in the regulation of the Disarmament Statute between 2018 and 2022. Although the regulatory decrees issued at the time have already been replaced with the advent of the new Federal Government, in 2023, the analysis of the issue remains relevant so that they are not repeated in the future and inspire greater caution in dealing with blank criminal rules. In order to develop the work, it will be adopted bibliographic and jurisprudential research, analyzing the complementary norm by the principle of legality and its consequences, concluding by the eventual violation of the principle enshrined in article 5º, XXXIX of Federal Constitution, in human rights documents such as American Convention on Human Rights, the International Covenant on Civil and Political Rights, repeated, finally, in article 1º of the Criminal Code. It should be emphasized that, although this study is focused on the Disarmament Statute, the premises and conclusions obtained can be used and applied to other criminal laws that are complemented by regulatory acts - especially if they are infralegal acts. Once the proposed research has been completed and its practical and technical consequences of the application of criminal law have been detailed, it has been found that the principle of legality has not been duly observed, even if the complementing norm is issued throughout presidential decree, because the criminal blank norms are still subjected to the principles and dogmatic limitations that should guide and discipline the criminal law in a democratic state under the rule of law, which should have as its ultimate and unavoidable goal the containment of punitive power according to the guidelines of a criminal law that is compatible with the state system expressly adopted in the Federal Constitution.