Constitution and Criminal Law
New and old problems in light of the Brazilian experience.
In: Brazilian Institute of Criminal Sciences (IBCCRIM) 25 years.
Authors: Fábio Roberto D’Ávila and Raquel Lima Scalcon.
In strong adherence to the objectives that illuminate this book commemorating the 25th anniversary of the Brazilian Institute of Criminal Sciences, this text addresses the national discussion regarding the intersections between the Constitution and criminal law, based on the decisive contribution of Ingo Sarlet in his text "Constitution and Proportionality: Criminal Law and Fundamental Rights between Prohibition of Excess and Prohibition of Insufficiency," published in 2004. To this end, it seeks to analyze some aspects related to the examination of proportionality, prohibition of excess, and deficient protection in the Brazilian experience, with special attention to the problematic application of the prohibition of insufficient protection in criminal matters.
D’ÁVILA, Fábio Roberto; SCALCON, Raquel. Constitution and Criminal Law. New and old problems in light of the Brazilian experience. In: Instituto Brasileiro de Ciências Criminais (IBCCRIM) 25 anos. Belo Horizonte: Editora D’Plácido, 2017.