Criminal Law Journal Nº 15 e 16

This journal has been disseminating important works by eminent foreign scholars in our country, always striving to do so through carefully prepared translations. In this issue, we are pleased to include two such contributions: first, a paper by Prof. GIUSEPPE BETTIOL on Criminal Law and inner behavior (*Direito Penal do comportamento interior*), revisiting a theme to which he had previously devoted his attention and which aligns seamlessly with his conception of punitive law. His earlier work on the subject was published in Brazil (RT 442/315). The second translated article is authored by Prof. ENRIQUE BACIGALUPO, who is today, without question, one of the most prominent figures in the field of Criminal Law—belonging to that small, select group of young professors who, gathered around JIMÉNEZ DE ASÚA, founded the journal *Nuevo Pensamiento Penal*. This work by Prof. BACIGALUPO was presented at the Colloquium organized by the Institute of Penal Sciences of Chile in April 1973, in which the director of this Journal participated. It addresses one of the central issues driving the profound transformations occurring in contemporary Criminal Law, highlighting the technical challenges introduced by new ideas that are coming to dominate modern legislation.

To these two translated works is added the study by Prof. ALCIDES MUNHOZ NETO, from the Federal University of Paraná, regarding habitual or inclination-based offenders—a particularly difficult and contentious topic under the 1969 Penal Code due to its widely debated and criticized solutions. Prof. MUNHOZ NETO’s work constitutes a valuable contribution to the study of the subject.

Among the Commentary and Communications section, we publish an excellent article by Minister EVANDRO LINS E SILVA—from whom we have previously published other works—on provisional release in Criminal Procedure, taking into account the new statutory provisions introduced regarding this matter in our law. These provisions, unfortunately, have been applied by the courts with timidity and a conservative spirit. In this section, we also include a study by Prof. JUAREZ CIRINO DOS SANTOS on culpability, focusing on a series of important questions that finalist action theory brought to the topic.

We also publish the legal opinion rendered by the director of this journal on the high-profile criminal case brought before the Supreme Federal Court (STF) against former Congressman Francisco Pinto, analyzing several legal issues of the highest importance concerning parliamentary immunities under the current Constitution, as well as political and subversive offenses.

In the regular sections, the reader will find an extensive bibliographic review covering both domestic and foreign works in our field of expertise. Contributing to this review are not only those responsible for the editorial department of this journal, including Prof. YOLANDA CATÃO, but also Professors LUIZ VICENTE CERNICCHIARO, HORTÊNCIO CATUNDA DE MEDEIROS, and RAPHAEL CIRIGLIANO FILHO.

In the news section, particular highlight should be given to the conclusions of the XI International Congress of Penal Law, held in September of this year in Budapest, of which we were one of the co-presidents (alongside MARC ANCEL, HANS-HEINRICH JESCHECK, and IGOR ANDREJEW). This congress addressed exceptionally important themes, including new methods and means in Criminal Law and matters concerning drugs and dangerous substances.

In this issue, we publish the general index of this journal, covering all material published from issue number 5 up to the present, including the bibliographic review and case law. This index was organized by one of our collaborators, Dr. LÍDIA SEQUEIRA. The general index for the preceding issues was published in issue number 4, organized by Dr. FERNANDO FRAGOSO.

We would like to take this opportunity to draw the attention of interested readers to the important V United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which will take place in Toronto, Canada, from September 2 to 12, 1975. The director of this journal, although unattached to any governmental delegation, was selected by the United Nations to serve as vice president of the aforementioned congress.

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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