A violência inerente à tradição jurídica nos tipos penais brasileiros: a criminalização de condutas sob um viés crítico

Abstract

In the colonial period, mutilation and death were punitive types found in Brazil, especially in the private sphere, through a domestic Criminal Law, punishments were then concentrated on the bodies of those who committed a crime, not to mention due criminal process, or those who have already been convicted.  The Criminal Code of 1890 or Criminal Code of the Republic, as it was known, criminalized the social targets of the penal system through extravagant penal laws, and it was the codification that effectively adopted the prison sentence as repression, leading to the removal of archaic and degrading punitive practices used in the Empire.  Thus, the social issue was treated as a police matter and the Criminal Code of the Republic was complemented and modified by several legislative texts, until reaching the current Penal Code of 1940, which brought innovations in the conduct of the Brazilian judiciary and which aimed to implement an interventionist state.