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Through Beccaria`s studies, the development of the principle of legality begins in relation to the legitimacy of the popular will (lex poppuli) for the creation of crimes, as well as to the idea of anteriority, consistent in the possibility of applying the law to behaviors practiced since its creation. Abstract: According to the principle of legal coercion, no act can be considered a crime if there is no law corresponding to the adjective criminal. And no sanction can be imposed if there is no pre-existing sanction that corresponds to the fact. The legal reservation allows the individual to act freely, and all restrictions, positive or negative, must be expressed in laws. For public servants, however, the same principle becomes disadvantageous. The State, in the absence of legal provisions for its actions, is forcibly paralyzed and incapacitated. In that sense, it was worthwhile to carry out the study on the application of the principle of legal deference in international criminal law, as well as the basis for the work of the International Criminal Court, emphasizing its historical development and its constant concern for human rights. Japan`s surrender took place on September 2, 1945, and procedures and conditions for the detention and treatment of alleged war crimes were established. At the same time, the United Nations Crime Commission adopted a recommendation to establish an international military tribunal to try war criminals in the Far East and appealed to eight countries directly interested in following that recommendation. The principle of deference in international criminal law goes hand in hand with the idea of guarantor that encompasses most international legal systems. The principle of legality arose from the desire to establish permanent and valid rules in human society, which were works of reason and could protect individuals from the arbitrary and unpredictable behavior of rulers.

The aim was to achieve a general state of trust and security in the actions of those in power, thus avoiding the doubts, discomforts, mistrust and mistrust that are so unusual when power is absolute, when the government feels endowed with a sovereign personal will or reputa legibus solutus and, finally, when the rules of coexistence have not been worked out or recognized beforehand. CAREFUL! The open criminal type weakens the guarantee function of the criminal type, as it can take different forms at the time of interpretation. Nevertheless, the open criminal type does not circumvent legality and tax activity. The principle of legality, quoting the word “law”, describes it in a broad sense, i.e. it admits one of the normative types provided for in article 59 of the Constitution: it is now known that criminal law is the last report, so that it punishes the offending person for conduct qualified as criminal by restricting or restricting his liberty. Article 5 of the Rome Statute contains an exhaustive list of crimes that fall within the jurisdiction of the Criminal Court, i.e. no one is held responsible for a crime on the international scene if it was not a typical crime at the time of the act. Art. 1 ZP: There is no crime without a prior law defining it, nor a penalty without prior legal action (= Art. 5º, XXXIX, CF).

It should be noted that this is a perforated clause, so any proposed constitutional amendment to abolish it will veto it. Based on these forecasts, in 2016 there was the promulgation of Law 13.260, which corresponded to the arrest warrant for criminalization of the crime of terrorism. (…) The accusation of an affront to the principle of the old criminal law sparked much controversy on the grounds that the acts punished by the Nuremberg Tribunal were not considered crimes at the time they were committed. In addition, there were points of criticism, such as the high politicism of the Nuremberg tribunal (in which the “winners” would judge the “losers”); the fact that it is a precarious and exceptional court (created retrospectively to prosecute certain crimes); and the penalties it imposes (such as the death penalty). In heteroviteline, on the other hand, the complement presupposes a diversified legislative body. For the purpose of characterizing the offence, article 236 of the Criminal Code (incitement to substantial errors and concealment of disability) is supplemented by the Civil Code in order to define the ground for matrimonial purposes. Well, of course, here is a summary on the principle of legality, but, then I hope I have helped you who are studying this topic. One of the requirements of the principle of legal reserve is that the official can only be prosecuted if his conduct has already been (clearly and precisely) classified as a criminal offence. 5°. […] The law shall consider crimes as inapplicable and indisputable for clemency or amnesty, the practice of torture, illicit trafficking in narcotic and related drugs, terrorism and those defined as heinous crimes, accountable to commanders, executioners and those who, being able to avoid them, refrain from doing so; In this sense, it is then necessary to carry out the study on the principles of application of international criminal law, in particular with regard to the principle of legal coercion, which has been incorporated into international law as nullum crimen sine lege and nulla poena sine lege. It is also necessary to undertake an in-depth analysis of the historical development of the International Criminal Court as a body in which the principles of international criminal law are applied directly and continuously.

There are reasons for this: first, the legislator would describe each species and its punishment in detail. Second, empty penal norms, culpable crimes and overt types would not be possible: imagine if legislators had to legislate on all illegal narcotics and update this list every time a new substance appears. First, we need to emphasize the term “crime.” Although the Criminal Code and the Federal Constitution use the term “criminal offence”, the principle of legality also applies to criminal offences. Such an argument can even be supported by the provisions of Decree-Law No. 3.688/41, which provides that the general rules of the Criminal Code apply to criminal offences. In this sense, see the application of the aspect of the principle of legality in the STJ judgment: the principle of legal constraint or the principle of criminal legality determines that only conduct provided for as such by law must be regarded as a criminal offence. If a certain conduct of the agent is not provided for by law as illegal, it is necessarily legal, free and unenforceable by the State. The idea of punishing aggressors of humanitarian law was born on 25 January 1919 among the Allied countries (United States, France, England, Italy and Japan), the notion of individual criminal responsibility in international law being considered innovative. At the 1919 Paris Peace Conference, the Allies were already discussing the possibility of a trial for crimes against humanity, as provided for in the 1864 Geneva Convention, to punish them.

(LEWANDOWSKI, 2006) In imposing the principle of nullum crime sine lege, the legislature must, if it wishes to impose or prohibit conduct under penalty of sanctions, rely on a law. When the law in the narrow sense describes the behaviour (compulsive or omitted) to protect a particular property, the protection of which has proved insufficient by the other branches of law, the so-called criminal type arises. In essential cases, the crime is human, intentional, full of acts or feelings of guilt, which falls precisely within a predefined criminal type that harms or exposes the criminally protected legal risk and whose application of the penalty depends on the degree of culpability of the actor. In summary, Article 38 of Law No 9.605/97 is replaced by Law No 9 605/97. 12.651/12, which at the time in its article 6 allows the declaration of a certain territory as permanent preservation by act of the Chief Executive, that is, a decree consisting of another normative character. The principle of legal coercion is enshrined in article 5, item XXXIX, of the Federal Constitution and article 1 of the Criminal Code: article 37. The direct or indirect public administration of any of the competences of the Union, the States, the Federal District and the municipalities shall be governed by the principles of legality, impersonality, morality, publicity and efficiency, as well as the following principles: It is a permanent and independent tribunal that convicts persons accused of crimes of the most serious international interest. such as killings, crimes against humanity and war crimes.

It is based on a status to which 106 countries belong. Crime with a legal basis is criminally characterized conduct which defines imprisonment or imprisonment as punishment in isolation, alternatively or cumulatively with the penalty of a fine (art.