Criminal Law Journal Nº 32

The title of this journal, when we founded it, followed the advice—received as an injunction—given to us by the great master Roberto Lyra. As is well known, he held a broad conception of Criminal Law as a general science of crime and punishment across all dimensions, a view that can hardly be sustained today. From its very first issue, this journal has devoted considerable space to Criminology, a field of ever-growing significance, though the excellent material we have published may have gone unnoticed by specialists in the field who assumed this was exclusively a legal journal. It is for this reason that, beginning with this issue, our name has been changed. The journal is now overtly open to all who dedicate themselves to the study of Criminology in our country.

In this issue, we publish an original work addressing one of the fundamental themes of modern Criminal Law: the question of the dual-track system (sistema do duplo binário). This work will also be published in Italy in the commemorative volume to be issued on the tenth anniversary of Giacomo Delitala’s death. We draw particular attention to this subject, which constitutes one of the crucial points in the upcoming reform of our Code.

In the Doctrinal section, we also publish the excellent work of Professor Eduardo Correia, a distinguished scholar from Coimbra, on the influence of Von Liszt on Portuguese penal reform. This work originally appeared in German, in the Zeitschrift. It is always rewarding to disseminate in Brazil the valuable contributions of our Portuguese colleagues. In this same section, the reader will also find the text of the lecture delivered by Professor René Ariel Dotti, likewise on the theme of penalties and security measures, in which the well-known scholar from Paraná examines the subject with depth and rigor. Finally, we present the study by Nilo Batista on “Criminal Justice and Criminal Injustice” (“Justiça Criminal e Justiça Criminosa”), in which the eminent professor displays his erudition and insight, addressing enduring problems of criminal justice.

In the Comments and Current Affairs section, we present an overview of the death penalty as a legal sanction, authored by the distinguished scholar Manuel López-Rey, alongside a study by Professor Antonio Acir Breda on the declaration of nullity in criminal procedure. In this section, we also feature the article by José Mauro Couto de Assis, written in memory of our deeply missed colleague and eminent lawyer, Serrano Neves.

In the Case Law Comments section, annotations appear on several important decisions rendered by both the Military Justice and Ordinary Justice systems. The volume concludes with our customary sections, prominent among which is the Book Review, offering comprehensive information on newly published works.

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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