Processo Legislativo para além do Parlamento em Estados Autoritários: uma análise comparada entre os Códigos Penais Italiano de 1930 e Brasileiro de 1940

Abstract

This paper aims to analyze the experience of the criminal reforms carried out by the Italian fascism and the Brazilian "Estado Novo", to understand the constitutional legitimacy for the parliament's dismissal and the collaboration of renowned lawyers for code-making, but without the ultimate control of popular representation. Analyzing the historical documents as the code-drafts and the criminal historiography, this paper concludes that in Italy, the parliament itself has abdicated its competence by a delegation of powers to the government and in Brazil, the 1937 coup d'Etat imposed a new constitution in which the x legislative competence fully to the Executive Power. Furthermore, both the regimes used intellectual legitimacy by jurists.