A inconstitucionalidade da pena em abstrato do crime de concussão: uma ofensa aos princípios constitucionais da razoabilidade e da proporcionalidade.

Abstract

This present article makes an analysis on the crimes against Public Administration, particularly crimes of corruption and concussion, in its historical, conceptual and legal scope, in order to allow a better understanding of subject. It was based on the assumption made by the judgment of disapproval of a crime which means, in other words, as more serious is a crime, greater should be it punishment. However, in studying such crimes, there was a real inversion of values. Corruption offense, whose conduct is ontologically less severe compared to concussion offense, establishes more punishment. Therefore, we tried to demonstrate, throughout the text, there was a legislative omission in law that changed corruption’s penalty, however, did not treat to concussion, causing a real misunderstanding in proportionally between in both penaltys.