Question

There are principles expressly provided for by law, while others are implicit in the normative system. There are also those listed in the Federal Constitution, called constitutional principles (explicit and implicit) serving as guidance for ordinary legislative production, acting as direct and immediate guarantees to citizens, as well as functioning as criteria of interpretation and integration of the text constitution.

It is commonly possible to verify, in the criminal field, the existence of an apparent conflict of criminal laws in which, supposedly, it would be possible to apply two or more legal devices. However, such a solution can be perfectly remedied by applying principles themselves, such as the principle of consumption, subsidiarity and specialty.


Considering such principle premises, mark the correct alternative:



a) The principle of specialty is used when presenting main and subsidiary rules that describe degrees of violation of the same legal good.


b) The principle of consumption is observed when there is a conflict between a general norm and a special norm, and it should prevail.



c) The principle of subsidiarity is used when presenting main and subsidiary rules that describe degrees of violation of the same legal good.




d) The principle of subsidiarity admits a classification between: express subsidiarity (occurs when the criminal type does not use any expression or formula) and the tacit (when the criminal type expressly uses the expression? If the fact does not constitute a more serious crime? .


e) The principle of consumption occurs when there are plurinuclear crimes, or multiple action, which have more than one verbal nucleus. In this case, when the agent practices more than one nucleus of this type, he is punished for one crime.

Answer 1

The principle of consumption is applied when a conflict occurs between a general standard and a special standard, with preference for the latter. The correct alternative is Option b). Penal, the normative system often presents situations in which apparently more than one law could be applicable to the same case, creating an apparent conflict of criminal laws. To resolve these conflicts, specific principles are used as criteria for the interpretation and application of penal standards. The principle of consumption, mentioned in alternative b), is applied when there is a conflict between a general standard and a special standard, and the special standard should prevail and this means that when a specific standard describes a duct in more detail than a general norm, the special standard should be applied to the case. These principles play a key role in the interpretation and application of criminal laws, helping to guarantee justice and consistency in the application of criminal law.