Da necessidade de um direito penal mínimo: viabilizando sua existência

Abstract

We live today a moment of growth in criminal law scope, typing in law several actions in order to respond to social yearnings for punishment. However, what we can observe is that the feeling of impunity hovers over the population, given that just a few share of people is effectively punished, wich turns the criminal legislation in a simbolic justice. In this regard, we intend to show that, on the contrary to what happens, we must pursue the fulfillment of the "ultima ratio" of criminal justice by using some principles of the systematic of criminal law, making it minimum, bearing in mind the cruelty of the state's punishment system, since we are dealing with citizens' freedom and the possible consequences of incarceration.