Expansionismo penal: possíveis aproximações entre Jésus-María Silva Sánchez e o PLS 236/2012

Abstract

Although Penal Law finds itself on legitimacy crisis given the incapacity to accomplish its declared functions, it is unexceptional the use of the penal law for the solution of the most conflicting situations. Inside this expansion scenario, borns as an answer to the decoded broad penal law in force, as well as the attempt to restrain the existing criminality in Brazil: the edition of a new penal code. The present paper longs to bring together the penal expansionism described by Jésus-María Silva Sánchez and the Penal code Passing bill, in order to check the possibility of the Spanish work being able to mold itself to the Brazilian context. Initially, it is going to be a brief walk-through the genuine Brazilian criminal law, followed by an approach about the legitimacy loss of the criminal system, as well as the expansion factors of the penal law listed by Jésus-María Silva Sánchez. Posteriorly the causes to the Penal inflation applicable to the Brazilian context and the incompatibility to Brazil's reality will be evaluated, and lastly, the introduction of possible solutions to the criminal law expansionism will be offered. At last, it was evident that although the author's work was based on Spanish law, it shows compatibility with Penal law practiced in Brazil.