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CONfines de relaciones internacionales y ciencia política
versão impressa ISSN 1870-3569
Resumo
FACENDA FALAVIGNO, Chiavelli e TAMARIN HOFFMANN, Luisa. Proposals for the Implementation of Legislative Impact Assessments in Brazil in Criminal Matters: An Analysis Based on European Political-Legislative Experiences. CONfines relacion. internaci. ciencia política [online]. 2021, vol.17, n.33, pp.60-90. Epub 29-Jan-2024. ISSN 1870-3569. https://doi.org/10.46530/cf.vi33/cnfns.n33.p60-90.
This paper stems from the lack of rationality in the Brazilian penal legislative policy, which gives rise to an excessive number of laws incapable of achieving the objectives that justified their creation. Based on this context, some ideas for improving the quality of criminal laws are analyzed, focusing mainly on the experience of the European Union countries, which have been establishing several guidelines and programs in this regard. Among the suggested tools, the importance of prior and subsequent assessment of legislative impact stands out. Taking this into account, the paper conducts an investigation on elements already provided for in the Brazilian legal system that make such assessments possible, in order to later propose other possibilities for their implementation and realization. The methodology used is literature review and normative analysis, especially in terms of comparative law.
Palavras-chave : criminal legislative policy; legislative evaluation; comparative law; Brazilian legislative procedure; legislative impact.