History of Criminal Law from the Roman Justice

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With the name of "dogma of the completude", a phenomenon appears of the medieval roman tradition - from the times where the Roman law goes being, to the few, considered as the Right for excellence, of a time for all statement in the "iuris Corpus" -, that it compelled the jurist and the Judge to trust the sufficiency of the legal system - without necessity of if helping in the fairness -, workmanship of an infallible State in the construction of the system, capable of foreseeing a rule for each existing case and that porventura came existing. according to principle, the order did not have gaps. The Judge was obliged to judge all the controversies the one that was called to nullify and rank in the codes only made it on the basis of a pertaining norm to the legal system. It was developed trend of jurists and Juízes of if abiding scrupulously by the great codifications of the time, since the 1804 Frenchman until the 1900 German. The completude was a necessity, a requirement of the legal system. This attitude was called, with reference to the Frenchmen in relation to the Napoleonic codes, of "fetichismo of the law." As Norberto Bobbio teaches, in the modern times the dogma of the completude (order without gaps) walks in the same rhythm that the monopolização of the Right on the part of the State (Onipotente). To admit gaps would be to admit that the state legal system was not complete, meaning the presence of a competing Right, represented for the custom, the nature of the things and the fairness. To keep the monopoly, the Right of the State must serve for all use. In France, the legal school that if was imposing after the codification generally is assigned with the name of "school of exegese", and if opposes to the "sc...

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...ntralidade of the Person Human being. The person human being is "il finishes prime, il finishes finishes." For the Master of Florença the respect to the dignity human being is implicit in the Italian constitutional text and the immodarate edition of criminal laws offends the constitutional order, for lacking to the certainty and security at the moment of its application. The Criminal law must be faithful to the Beccarianas traditions: respectful of the dignity human being. She folloies it, in Brazil, Frank Alberto Silva. Effectively, the Principle of the Legality has if made present in the majority of modern constitutions e, since alhures, he has been defended as efficient weapon against the arbitrariedade and authoritarianism of the State. The apothegm unfolds in others three postulates: of the Legal Reserve, of the Taxing Determination and the Irretroatividade.

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