A problemática em torno do artigo 288-A do código penal: uma análise crítica do crime de constituição de milícia privada

Abstract

Militias before taken as a "smaller evil", are today considered one of the main social problems in Brazil. The failure of the State to promote public policies for social and economic inclusion and connivance of the authorities responsible for ensuring public safety caused this problem became even worse. Because of this and because of the resolutions, treaties and international agreements signed by Brazil, was drafted Law Nº 12.720/2012 who created Article 288-A of the Penal Code in order to contain the spread and punish those who are involved in such practices . Thus, the present study aims to analyze critically, in the light of the offense of strict legality "Constitution of Private Militia" under Article 288-A of the Penal Code with regard to the (in) applicability in concretum . To do so, we use the inductive method, ie from individual premises arrive at a general conclusion about the (in) applicability. Through the Latin phrase nullum crimen, nulla poena sine lege, this work will discuss the principle of legal reserves and its fundamental functions.