Axiologia e hermenêutica no direito penal

Abstract

The concept of values in the Criminal Law has evolved to meet the needs of society. Today in our globalised world finally comes to interference of other cultures in the concept of values. He is this dissertation on the evolution of the analysis of axiology and hermeneutics relating values to the interpretation and application of the law of analogy in the Criminal Law. In this tuning fork, are difficulties in applying the analogy of confrontation against the positivists and progressives, given that the best solution is the search for balance, avoiding the excesses that ultimately distort the Criminal Law, if occurred breadth of application the analogy in bonam partem, in the face of the principle of legal reserve and taxativity criminal. Both the doctrine and practice show that there is scarcity of cases on the application in the Criminal Law of analogy in bonam partem, as well as the broad interpretation. In this paper seeks to add contribution to addressing the term in question, showing that while Criminal Law is not static, the excesses of modernity can bring serious consequences to the right, and as a means of consequence to society itself. Therefore, the solution to its application even though the innovative ideas and advanced the beginning of this century we should take the utmost care not to cause irreparable damage, since the story does not allow the reverse