A recepção legislativa da reforma da parte geral do código penal pela Constituição Federal de 1988

Abstract

This paper aims to discuss the legislative approval, by the Federal Constitution of 1988, of the main proposals approved to the Penal Code of 1940 and the fundamental criminal principles, guided by the Reform of the General Part of the Penal Code in 1984. It is analyzed the relevance and contribution of these innovative proposals, the fundamental criminal principles and the legislative reception in the construction and strengthening of a democratic State of law. It is also important to emphasize the vital need of criminal law, the last means of social control, to be modified and updated according to social needs so that it is efficient in what it proposes, in preventing and combating crimes, in order not to compromise its effectiveness. In the methodology used, the method of bibliographic procedure and deductive approach was used, based on the evaluation of the doctrine of books, articles and legislation; as well as the comparative method, since it was intended to carry out a brief comparative analysis of the national norms that deal with criminal law. The objective is, therefore, to understand to what extent the reform of the general part of the Brazilian Penal Code obtained, in 1984, its reception by the Federal Constitution of 1988.