DIREITO PENAL - RESUMO PARA A PROVA DA OAB/FGV What are the main principles of criminal law for the OAB exam? Principle of Minimum Intervention Pr...

DIREITO PENAL - RESUMO PARA A PROVA DA OAB/FGV

What are the main principles of criminal law for the OAB exam?
Principle of Minimum Intervention
Principle of Legality
Principle of Personal Responsibility of the Agent
Principle of Insignificance or Triviality
Principle of Culpability
Principle of Social Adequacy
Principle of Speciality
Principle of Subsidiarity
Principle of Consunção
The principle of legality states that for someone to be convicted, the committed crime must have a penalty provision expressed in written law, prior to the commission of the offense.
The principle of culpability states that for the active subject of the criminal offense to be held responsible, he must have acted with intent or guilt.
The principle of social adequacy determines the need to update the criminal incriminating norm only in relation to socially reprehensible conduct.
The principle of insignificance or triviality states that even if the agent's conduct falls under the criminal type, the fact will be materially atypical for not affecting the protected legal good in a relevant way to justify the intervention of criminal law.
The principle of minimum intervention determines that criminal legislation must be restricted to serious facts related to important legal goods that cannot be protected by other branches of law.
The principle of personal responsibility of the agent determines that no penalty will pass beyond the person of the convicted, but the obligation to repair the damage and the forfeiture of assets can be extended to successors up to the limit of the transferred property value.
The principle of speciality determines that the special norm prevails over the general norm, considering special the one that, in addition to encompassing the elements of the general norm, has specific elements considered 'specializing'.
The principle of subsidiarity determines that the incidence of the most serious criminal type excludes the less serious criminal type, which is only applied in a subsidiary manner, functioning as a 'reserve soldier'.
The principle of consunção occurs when it is possible to apply two or more norms to the same fact. The conflict is merely apparent and can be resolved by applying the principles of speciality, subsidiarity, and consunção.
a) I, II, III, IV, V, VI, VII, VIII, IX
b) I, II, III, IV, V, VI, VIII, IX
c) I, II, III, IV, V, VI, VII, VIII