Journal of Law and Criminal Justice

Moralism and Democracy in the Trial of Criminal Case N. 470 (Brazil): An Open Constitutional Challenge
Martonio Mont’Alverne Barreto Lima

Abstract
This paper discusses the theme of the principle of morality and its application by the Brazilian Supreme Court in the trial of Criminal Case n. 470. Despite the constant claims of violations of the principle of morality in the application of defendants’ penalties, the Supreme Court did not care to draw up an objective definition of this principle to substantiate its custodial sentences. This lack of objectivity corresponds to the abstract notion of this principle, which contradicts modern democratic philosophy based on the ideas of Baruch Spinoza. In doing so, without providing an objective definition of the principle, the Supreme Court has actually engaged in revelation, which can also be understood through Spinoza's philosophy.

Full Text: PDF     DOI: 10.15640/jlcj.v5n2a7