BRAZIL’S NEW ABUSE OF AUTHORITY LAW: “INDETERMINATE CONCEPTS” AND CONSTITUTIONAL INTERPRETATION
DOI:
https://doi.org/10.17058/rdunisc.vi64.16941Abstract
Considering the new law on the crime of abuse of authority and the arguments of the class actions that attack it, the objective is to know whether the main grounds that support the claim of unconstitutionality of the aforementioned law is right or wrong. Therefore, the study proceeds through the hermeneutic-phenomenological method, revolving the linguistic ground on which the concepts under analysis are based, reconstructing its institutional history to allow the investigation and critical analysis of this constitutional debate. Thus, it is concluded that the answer to the problem raised — if the indeterminate concepts present in the law constitute a criminalization of hermeneutic — is contained in art. 1 of the Law because such normative provision works as an archetype for the interpretation of this legislative instrument. Thus, it is concluded that Law No. 13,869 of 2019 is constitutional.
