Direito penal do equilíbrio: uma reconstrução teórica e suas implicações

Abstract

It was intended to demonstrate the monograph made to the theory of criminal law or the minimum balance as an alternative relevant and effective in combating the social problem of crime, whose foundation is based on the Constitution and the axiom of Human Dignity. The methodological basis of the work fits the vision of mediocrity proposed by the philosopher Aristotle, who pointed out the "middle ground" as the balance between two extremes vicious virtuous, leading to the greater good of man, the happiness. Thus, this claim to an intermediate position between two extreme points, namely: the abolition of criminal law, which seeks to end the criminal law and on the other hand, the maximum criminal law, which aims at the intensification of criminal policies, aims the application of criminal law more fair and equitable, based on the legal protection of property more valuable and critical of society, selected with criteria that respect the human being in its essence, dignity.