Os limites da utilização do Mandado de Injunção na definição de tipos penais : uma análise do julgamento do Mandado de Injunção n° 4733.

Abstract

The present monograph aims to analyze the limits of the Injunction Warrant as a legal instrument in the delimitation of criminal types, focusing especially on the evaluation of the trial of the Injunction Warrant no. 4733. It aims to bring a significant contribution to the understanding and improvement of this constitutional remedy when applied to the field of criminal law. A conceptualization of the Constitutional Mandates of criminalization is carried out, because these orders of typification provided for in the Federal Constitution, limit the autonomy of the infraconstitutional legislator, binding them to an imperative of criminal typification. The research analyzes the origin and assumptions necessary to use the injunction warrant tool, to later present the different positions about the existence or not of a subjective right to criminalization of homophobic and transphobic conduct. For those who defend the existence of this right, it would result from a criminalization warrant provided for in the Federal Constitution of 1988. In addition, arguments favorable and unfavorable to this practice are examined, highlighting the practical implications of the decision of the Federal Supreme Court in the trial of the injunction warrant n. 4733. Using the analytical method and the systematic literature review, this study seeks to contribute significantly to the understanding of the limits of use of the injunction warrant in the field of criminal law, filling a gap of existing knowledge and fostering social and political discussions on the subject.