Koło nr 65

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Brazilian criminal legislative production in general has never been known for excelling in technique and is still a long way from a global rationalization of its vast catalog of extravagant criminal legislation where almost folkloric criminal types such as the molestation of cetaceans provided for in Law coexist with others with completely open content see the crime of carrying out preparatory acts of terrorism provided for in article of Law . in a succession of criminal laws driven by a perennial “emergency” with little or no participation of the legal community in its preparation in most cases.

In this context one of the examples that best represents both this model of “emergency” criminal legislation and the broader scenario of continuous expansion of criminal law and its tendency towards administrativeization is given by Law especially its article which defines types of crimes against the economic order related to the fuel market.

TJ-SPOn that occasion the current emergency was caused by the Gulf War which began in August generating fear for the national oil supply motivating the Executive to present PL . which Phone Number Data beginning its processing on January under the “extraordinary convocation” regime was approved in both houses of Congress on January st.
The parliamentary discussion which lasted just a week gives us an idea of ​​the level of legislative technique presented. Thus perhaps item I of article of the law is one of the cases in the legal system in which the institute of blank criminal rules was most used and in which the direct penalty for non-compliance with rules of an administrative nature is most evident when it states which “ constitutes a crime against the economic order: I – acquiring distributing and reselling petroleum derivatives natural gas and its recoverable fractions ethyl alcohol hydrated fuel and other liquid fuels in violation of the rules established by law” .



It turns out that in Brazil the entity responsible for regulating the oil natural gas derivatives and biofuels industry since the enactment of Law is the National Petroleum Agency which has in force — according to a compilation carried out in the Ordinance ANP — more than normative acts including ordinances resolutions and instructions. Not to mention Law and Decree-Law which by defining the administrative procedure and sanctions in the case of infractions also create infraction modalities.

Which brings us to the question: does any and all administrative infractions in the fuel industry and market attract the type of criminal offense provided for by law? Certainly not once again it is the case as Diéz Riopllés reminds us of doing the pyrrhic work of seeking limiting principles in the application of criminal law which in its origins is not produced in a rational manner.
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