This issue includes a meticulous study by Prof. Alcides Munhoz Netto on putative factual grounds for justification, in which the illustrious master demonstrates, once again, his refined qualities as a legal scholar with complete mastery over the subject matter. This work, like so many others authored by him, will become essential reading for all those dedicated to the study of the topic. We also publish an extensive research study conducted by the director of this journal and his collaborator, Dr. Lídia Sequeira, on the sentencing provisions in the new Penal Code. It is a work that urgently needed to be done, still in time for amendments to the new code, highlighting the serious flaws and complete lack of criteria in the new legislation regarding prescribed penalties, particularly the fine penalty. It will be deplorable if the new code takes effect without a thorough revision of the fines, which are set according to ridiculous and meaningless penalty scales. The research we publish here may provide other scholars with the foundation for a broader and more thorough examination of the subject. In the commentary and communications section, we publish an excellent article by Prof. Antonio Acir Breda—from whom we previously published valuable observations regarding the draft Code of Criminal Procedure (RDP 11/12), on a complex and challenging topic related to the right of representation. As is well known, this matter is governed by law in an extremely flawed manner, giving rise to doubts and controversies. From our secretary, Prof. Nilo Batista, the reader will find in this edition not only his study on the penal norm and its interpretation, but also several case law notes and bibliographic reviews, in which the young legal scholar demonstrates, as always, his talent and expertise.This section also includes an excellent study by Prof. Damásio E. de Jesus on normative culpability and intoxication under the 1969 Penal Code, which presents a correct and precise analysis of the subject, as well as the obituary of Paul Logoz written by his former pupil, President Jean Graven. These are pages overflowing with affection and warmth, offering insight into the singular figure of the late master, from whose lessons we continue to learn. We also publish two legal opinions. The first, by the master Roberto Lyra, addresses human rights and pretrial detention. The second, by Minister Evandro Lins e Silva, examines several aspects of the procedure for petty offenses, which the distinguished jurist analyzes with confidence and expertise. We call the reader’s attention to the working document we present here regarding the ICP’s ongoing research into current narcotics legislation, the results of which we will publish shortly—as well as to the perceptive observations made by Prof. Jorge Alberto Romeiro Júnior on the draft Code of Criminal Procedure.Heleno Cláudio Fragoso
Note: This text is an English translation of the original preface published in Portuguese in the Revista de Direito Penal.