A inconstitucionalidade do Art. 4º da Lei n. 13.654/2018 que revogou a majorante do emprego de arma imprópria no crime de roubo

Abstract

This course conclusion paper aims to elucidate controversies brought with the advent of law 13.654 / 18, which does not refer to the crime of theft with gun use. Article 4 of the Law of Repealed Rights or Item I, §2, Article 157 of the Penal Code, which provided for the increase of the penalty of 1/3 to half of the case of violence or threat perpetrated by the agent to be exercised with the use of a weapon. With this legal change, this type of crime went through theft circumstance by simple theft. The legislative amendment promoted by article 4 offers intense debates in the legal environment and in judicial instances, mainly due to questions about the constitutionality of the referred provision that was included by the Federal Senate's legislative drafting coordination, in the final phase of revision of the legal text. The (un) constitutionality of art. 4 of Law 13.654 / 18, was declared unconstitutional by means of the Unconstitutionality Incident Argument of the Federal District and Territories Court.