A (in)compatibilidade da lei de contravenções penais frente ao princípio da intervenção mínima

Abstract

This study analyzes legislative inflation in Brazilian Criminal Law, focusing on the maintenance of norms such as the Law on ‘Misdemeanors’, which typify behaviors of low offensive potential. The central objective is to identify and analyze the possible contradiction between the Minimum Criminal Law theory and the current criminal policy in Brazil, highlighting how the overabundance of norms can penalize behaviors that, in essence, do not cause significant harm to society. The critical examination of the Law on ‘Misdemeanors’, enacted in 1941, reveals that this legislation is outdated in light of contemporary social reality, as it typifies less severe behaviors, contradicting the ideals of penal guaranteeism and contributing to the ineffectiveness of the criminal system. The results indicate the urgent need for legislative deflation, aiming to remove norms that do not fit the current context, allowing the State to concentrate efforts on more harmful crimes. The conclusion emphasizes the urgency of repealing the Law on Misdemeanors and other similar norms so that Criminal Law acts as ultima ratio, restricting itself to behaviors that truly offend relevant legal goods. Therefore, it is evident that the State needs to adopt a more coherent stance in line with the principles of minimal intervention and those that derive from them, promoting legislative reform that makes the Brazilian penal system more effective, thereby avoiding the overload of the Judiciary with less important infractions and ensuring a sober state action regarding the power to typify behaviors