(Des) proporcionalidade do código penal em face dos bens jurídicos tutelados

Abstract

The present research starts from the question: Does the 1940 penal code contemplate life or heritage as the most relevant legal asset for human beings? Thus, its general objective in the light of human and constitutional rights is to identify the existence of a legal asset more relevant to the penal code. The specific objectives are to analyze the difference in the treatment of legal assets in criminal law and human rights and to debate the effective legal protection of crimes against the person compared to the protection of property in the Penal Code. To this end, the literature review, document analysis and content analysis of the Brazilian Penal Code are adopted as a methodology to discuss the disproportionality in the application of the penalty and in the defense of legal assets, leading to the question of which should be more protected by the State.