Política pública criminal: um modelo de aferição da idoneidade da incidência penal e dos institutos jurídicos criminais

Abstract

Politics and policy, in Latin languages, are expressed by one word: política. And that leads to confusions. That is why we severed política into two different groups using the two english words: politics and policy. When we think about criminal policy, we have to take into consideration public policy, but, on the other hand, we have to take into consideration too politics, because usually the criminal public policy is developed based in politics and not based in the concepts of public policy. That is the reason why we decided to study the subject and ended up proposing a formulation which can measure the criminal public policy’s accuracy, which is: the criminal public policy and the criminal legal tools in general will be considered accurate if they are according to the legal system and if they are efficient, which means that, besides the need to be according to the legal and constitutional provisions, they have to accomplish with their objectives