Reflexões sobre o tratamento jurídico-penal do fenômeno da corrupção no Brasil
The history of corruption become mixed up with the history of the humanity itself. Taking in consideration that the corruption is a phenomenon highly complicated it was, along the time, getting new shapes which has generated serious obstacles to its legal and appropriate fitting. With high level of...
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| Format: | Article |
| Language: | Portuguese |
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2012
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4450908 |
| Source: | Cognitio Juris, ISSN 2236-3009, Vol. 2, Nº. 5, 2012, pags. 119-131 |
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| Summary: |
The history of corruption become mixed up with the history of the humanity itself. Taking in consideration that the
corruption is a phenomenon highly complicated it was, along the time, getting new shapes which has generated
serious obstacles to its legal and appropriate fitting. With high level of harmfulness against the values and
democratics institutions, the corruption stimulates the necessity to be performed a severe politic of action and
repression. The Penal Code, for the time being, establish through the incessantly editions of penals rules, the main
instrument of response for corruptible practices, in order to reach the target to stop the prejudicial effects of the
corruption it is submitted to a deep changes for its legitimating aspect. In other words, the Criminal Law founded on
a liberal basis, guided by the first cause of ultima ratio, proportionality and dignity of the human being, aiming a
wide intervention penal and juridical of symbolic aspects, preventive and crucial, with a spontaneous transgression
to the respect to a Democratic State of Right. |
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