THE PRINCIPLE OF LEGALITY AND ITS APPLICATION IN HC 143.890 SP

  • Javan Eduardo Ribeiro de Castro
  • Raíssa Barbieri Favero
Keywords: Cannabis sativa lineu, Legality Principle, Law 11.343/06, International Drug Trafficking

Abstract

The main purpose of this essay is to analyze
the principle of legality, basilar in the criminal sphere, as
well as to glimpse and investigate its application in HC
143.890 SP, opportunity that was pronounce the
understanding that the importation of cannabis seeds is not
a criminal offense under the Law 11.343/2006, since that
considering that seeds are elements for drug’s fabrication
constitute an expansive interpretation of the penal rule,
which is prohibited by the principle above-mentioned.
Thus, it will be use the hypothetical-deductive method in
order to scrutinize the doctrine and scientific productions on
the subject, aiming to elicit diversified judgements about jurisprudence emanating from higher courts, with the
purpose to derive their positions and reasoning adopted.
the theme and also it will be use to probe related

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Published
2024-07-29