Criminal Law Journal Nº 01

With the launch of this Journal, we seek to give expression and permanence to the remarkable work being carried out today in our country by those who dedicate themselves to the study of Criminal Law and its related sciences. It is unnecessary to emphasize what a publication of this nature signifies in terms of the effort and dedication of those who prepare its editorial content, as well as the bold commitment to, and confidence in, Brazilian culture on the part of those who resolved to undertake the responsibility of publishing it. The vicissitudes to which scientific publications are subject, often short-lived, are well known.

Our extensive and successful multi-year experience with the Revista Brasileira de Criminologia e Direito Penal, whose disappearance left a clear void against which legal scholars insistently protested, including at national congresses, convinced us not only of the imperative need for a publication of this nature, but also of its indisputable success, provided it meets the standards of scientific rigor that justify it. Furthermore, we present ourselves with the immediate assurance provided by a publishing house with the prestige and magnificent tradition of Editora Borsoi, thereby guaranteeing the success of this publication. It aims to fill the existing gap and remains open to all specialists. It will serve as the official organ of the Institute of Penal Sciences at the Cândido Mendes Law School, founded on our initiative with the invaluable and enthusiastic participation of esteemed colleagues, currently undertaking an intensive program of cultural activities that this Journal will amplify and preserve.

Striving to consistently maintain the study of key topics in our field at a high level by regularly publishing doctrinal contributions of great merit, this Journal aims to bring an academic perspective to the analysis and resolution of legal issues arising from the application of Criminal Law. We will place significant emphasis on the critical review of criminal jurisprudence, particularly from the Federal Supreme Court (STF), through both signed commentaries and reviews overseen by the editorial direction. We seek, in this way, to contribute to the refinement of our institutions and the enhancement of the administration of justice, without compromising our ongoing scientific and cultural commitments, including those related to the teaching of our discipline.

We will always remain faithful to the liberal traditions of our penal law, contributing to ensure that its scientific development, interpretation, and application align with the fundamental values of respect for human dignity and the basic principles of democratic legality.

We trust that the emerging figures who continually appear throughout the remarkable development of Brazilian legal culture, alongside the established masters to whom we owe so much, will assist us in carrying out this arduous task. The continuity of a publication such as this, given the high costs involved, will only be possible if we count on the support of professors, students, magistrates, members of the Public Prosecution, and lawyers, from whom we await the reward of recognition for the work accomplished.

In this issue, the reader will find high-level contributions in the doctrinal section. The excellent Roberto Lyra Filho, without a doubt the most remarkable university professor of his generation, writes on Criminology and Dialectics in honor of Hegel’s bicentennial. Master Roberto Lyra examines social literature and criminality, abandoning the perspective of universal literature—a topic addressed by many scholars (Alimena, Ferri, Quintano Ripollés, etc.)—to focus instead on Brazilian authors. Boaventura de Sousa Santos, assistant professor at the University of Coimbra—who recently visited our country and well represents, along with other esteemed colleagues, the new generation of Portuguese criminal law scholars—authors a top-tier study on political crimes and the death penalty, originally presented at the 1967 symposium celebrating the centenary of the abolition of the death penalty in Portugal. This study analyzes critical aspects of political crimes.

By Professor Mario Pisani, we publish Notes for the History of Motivation in Criminal Procedure, a valuable work—particularly for what it represents in terms of research into this important subject—in an exquisite translation by Professor Armida Bergamini Miotto.

The reader will also find in this issue the courageous presentation given by the eminent Professor Nagel on Critical Criminology at the 6th International Congress of Criminology, which was recently held in Madrid.

This section concludes with a work of our own authorship on the principle of legality (*princípio da reserva legal*), in which we examine its significance and scope from a modern perspective.

Other sections of this issue cover legal opinions, news updates, book reviews, and jurisprudence, the latter being extensively developed.

In our next issue, we will begin a series of publications on the new Brazilian Penal Code.

Heleno Cláudio Fragoso
Note: This text is an English translation of the original preface published in Portuguese in the Revista de Direito Penal.

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