THE MINIMUM INTERVENTION PRINCIPLE AND THE PENAL TYPES OF PREPARATORY ACTS IN BRAZILIAN CRIMINAL LAW

Abstract

The present work has the objective to analyze the criminal principle of minimum intervention correlating it with some penal types of preparatory acts in the Brazilian criminal law. It shows the flagrant disrespect of the criminal principles, specially in the minimum intervention principle, doing a brief introduction about principled evolution, as well as the criminal law expansion issue. As checked, this criminal law administrative matter is the consequence of technological evolution and incensement of society, which brought the negativity circumstances that affect Democratic State of Law. Through the inter criminis concept analysis, it´ll be possible to evidence all the different phases, cogitation, preparation, execution, consummation and exhaustion; briefly explaining each phase, including the preparatory, in which the agent only make preparatory acts for a crime, not always being liable of punishment. Ultimately, it´ll be done an approach about some penal types of preparatory acts in Brazilian Criminal Law, which are some capital market crimes, specifically the ones described in the articles 72 and 73 in law 4.728/65, and articles 2nd and 7th in law 7.492/86, the crime of currency falsification fitting equipment, the crime of falsification fitting equipment, the crime of criminal association, the crime of drug traffic fitting equipment and the terrorism crime in law 13.260/16, trying to demonstrate the offense of minimum intervention principle.