When it comes to establishing crimes, we adopt the principle of legal reserve, that is, the conduct that we want to criminalize must be described i...

When it comes to establishing crimes, we adopt the principle of legal reserve, that is, the conduct that we want to criminalize must be described in the criminal legal norm in a clear and taxative way. However, the possibility of applying analogy to establish a crime is discussed, and the understanding that largely predominates is that it violates the principle of legal reserve, highlighting a fact not defined as a crime as such. In this sense, the application of analogy in Criminal Law, in relation to the defendant, is only possible when it is:


a) Neutral in relation to the defendant.
b) In compliance with the law.
c) In favor of the defendant.
d) In respect of the law.
e) To increase the penalty.