Concurso de leis penais

Abstract

Given the legislative imprecision and also in view of the variety of concrete hypothesis presented by the everyday life, there are situations in which two or more criminal laws may be possibly applied to a behavior. The unity and the coherence of the juridical system, added to the inadmissibility of a double punishment for the same fact, do claim for the incidence of one only criminal law, the most suitable one, in detriment of other penalties. So comes to the scene the institution of the criminal law concourse. The theme, which has unquestionable practical importance and is related to the interpretation of criminal laws, must conform to other vector principles of the Criminal Law in a democratic State of Right. It does not intermingle with the concourse of laws through time or with the concourse of crimes, and it presents, as requirements, the unity of fact, whether simple or complex, and the plurality of, in thesis, applicable laws. The lack of systematic unity, however, works for the discretion, making the future of criminal lawsuits unpredictable. Criminal Law, despite of its warranties, becomes a true lottery. For such a reason, the institute must be positively disciplined, as the examples given by European countries, accepting both consumption and specialty criteria, enough for the problem equation. Only so, will judicial decisions be expressly guided by the legislation, the provider of rector values, and by corollary, they must be founded in relation to the option adopted by the magistrate to solve the litigation.