Register on the Study Platform to download the PDF: https://desenhandodireito.com.br More General Criminal Law classes: In this class we will study the Priority of the Criminal Law (Art. 1 of the CP), the principle of legal reserve or legality (Art. 5, XXXIX of the CF), the beneficial retroactivity of the law (Art. 5, XL of the CF) and Vacatio Legis. More information: / drawingright or / drawingright Presentation and Editing: Rodrigo Alvarez Twitter: @rodrigo_bin Class Summary: Hello everyone, we are here today to see the art. 1 of the Penal Code. The first thing we will look at is the writing of the article, see what the article says, what it is about. The article says: There is no crime without a previous Law that defines it. There is no penalty without prior legal punishment. This is very simple to understand, it is the precedence of the Law. Look at that boring name: PREVIORITY OF THE LAW. In fact, there is nothing complicated, the material is very simple and easy. There is no crime without a previous Law that defines it, that is, the retroactivity of Law is prohibited. The retroactivity of the Law is its ability to return to the past, that is, to retroact. We will make a drawing so we can understand how it works. 1950.............1985.............2000 Law1.............Fact... .............Law2 _________________________ We have a timeline, where in the center of it there is a brand, in the past a brand and in the future another brand. The middle mark represents the costume. Person X would have possessed drugs and also committed a theft (FACT). The point in the past is Law 1 which defined the crime of theft. Law 2 (future) defined drug use. Law 1 came into force in 1950 and Law 2 in 2000. The act occurred in 1985. So we have a person who committed two acts in 1985 and two Laws that governed these acts in different ways. What will this person respond to? Let's see what the Law says: There is no crime without a previous Law that defines it. This Law says that I cannot be held responsible for a fantasy if there is no Law defining that fantasy as a crime. In our example in 1985, theft was defined as a crime, so Law 1 affects the fact and subject X is responsible for the theft. Still in the example, the Law that prohibited the use of drugs came into force in 2000, so this Law cannot be retroactive, it will only move forward, not reaching subject X. The second part of the article says that there is no penalty without prior legal punishment, that is, no one can respond to a penalty without a Law defining that penalty. Thus, subject Let's talk a few more things about the precedence of Criminal Law. Where does Lei's precedence come from? From Art. 5th, XXXIX of the CF. The Art. 5th, XXXIX of the CF is also called the principle of Legality or Legal Reserve, which is the same thing as the previous Criminal Law. Any conduct that is not in the criminal law is valid. Let's understand some complications of the Law's precedent. Section XL of Art. 5th of the CF says that: the criminal law will not be retroactive, except to benefit the defendant. I had said that the Law never retroacts, but if the Law is better for the defendant it can retroact. Remember that the Law will only go back to benefit the defendant, that is, the Law will only come back to help the defendant. Let's make the matter a little more difficult and study a little Vacatio Legis. The legislator creates the Law, but sets a deadline for the Law to come into effect. The Law is published in the official gazette and comes into effect, but has not yet entered into force. It will only come into force after the Vacatio Legis. Thus, Vacatio Legis is a period of time that the legislator gives us to get used to the new Law. What if the Law that defines a crime is in Vacatio Legis? Will it be valid? The answer is no, the Law will not be valid, as it is not yet in force. The Law must be published, in force and in force to define a new crime, that is, the vacatio legis of the Law must have ended for it to take effect. Be careful: There are some scholars who say that the Law can be valid during the vacatio legis, but ONLY if it is to benefit the defendant. Until next time.