Criminal law

ALL 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

O criminal law^[1] Brazil is primarily governed by the Penal Code (Decree-Law 2848/40) and operates under principles of territoriality, with laws applied within national borders and in specific international circumstances. The legal framework distinguishes between different types of criminal laws, including incriminating, permissive and explanatory statutes. Key principles include the non-retroactivity of criminal laws, with exceptions that benefit defendants. O system^[3] recognises various legal scenarios such as Abolitio Criminis (decriminalisation), Novatio Legis in Mellius (legal improvements that benefit defendants) and Novatio Legis in Pejus (legal changes potentially unfavourable to defendants). Criminal laws are applied on the basis of the theory of conduct, with the predominance of jurisdiction^[2] federal. The legal system allows for the extraterritorial application of the law^[4] in certain circumstances and provides mechanisms for dealing with conflicts in criminal legislation over time.

Terms definitions

1. ↑ criminal law. Criminal law is a complex legal system that governs social conduct and criminal behaviour. Rooted in historical traditions such as Roman law and canon law, it aims to protect fundamental rights such as life, liberty and property. The field balances state power with individual rights, emphasising principles of human dignity, proportionality and due process of law. Key principles include legality, presumption of innocence and minimum intervention. Theoretical approaches range from the retributive model (punishment as justice) to preventive and restorative models, focusing on crime prevention and offender rehabilitation. Sources include penal codes, criminal procedure legislation and judicial precedents. Notable scholars such as Roxin, Bitencourt and Figueiredo Dias have contributed significantly to its development. Criminal law ultimately seeks to maintain social order while respecting individual human rights, using legal mechanisms as a last resort to address social conflicts.

2. ↑ jurisdiction. Jurisdiction is the legal authority to administer justice and resolve conflicts, traditionally associated with the judiciary but now encompassing various governmental bodies. It involves principles such as impartiality, inevitability and inertia, with characteristics including mandatory and universal application. Jurisdiction can be voluntary (administrative) or contentious (aimed at social pacification), and is not limited to court proceedings. Alternative methods of conflict resolution such as mediation and arbitration exist alongside court proceedings. The concept is fundamental to civil procedure, involving conditions of action such as legitimate interest and the possibility of redress. Key aspects include the power to determine legal issues, the ability to substitute the will of the parties and providing effective judicial protection as a fundamental right.

Criminal law (Wikipedia)

A criminal law, em sentido amplo, é a principal fonte imediata do criminal law, em virtude do princípio da legalidade and anterioridade, de acordo com os quais uma norma incriminadora deve ser posta pelos representantes do povo e deve valer apenas após sua entrada em vigor.

Cape Verdean Citizenship: Complete Guide to Residence and Naturalisation

laptop on top of table beside vase of flowers

Digital Nomad Visa in Cape Verde: Your Gateway to Residence

a painting of a boat on the side of a building

Investment and Citizenship: How to obtain residency through investment in Cape Verde

grayscale photo of man holding hand of woman holding wine glass

Marriage and Citizenship: Legal Paths for Foreign Spouses in Cape Verde

Close-up of hands using a laptop and phone with coffee on a modern office desk.

Cape Verde Work Visa: Turning Employment into Permanent Residence

a blue pool of water in the middle of a desert

Retirement Visa in Cape Verde: Legal Paradise for Expats

Disclaimer: Advogados.cv does not offer legal advice or consultancy services. We are not lawyers and the information provided on our platform is for informational and educational purposes only. For specific legal advice or support, we recommend that you consult a qualified lawyer or contact the Cape Verde Bar Association.

Advogados.cv is an independent platform and has no official link, partnership or affiliation with the Cape Verde Bar Association (OACV). Our aim is to offer an informative and accessible service to connect lawyers and citizens, as well as to provide useful legal resources. We respect and recognise the work of the OACV as the regulator of the legal profession in Cape Verde.

English