THE CONTRIBUTION OF THE SOCIAL SCIENCES IN THE INTERPRETATION OF THE "COUP D'ÉTAT" TYPIFIED IN ARTICLE 359-M OF THE PENAL CODE

Authors

  • Anna Lídia Di Napoli Andrade e Braga Author
  • Ariele Gomes Mendonça Author
  • Karina Junqueira Author
  • Fernando Luz Sinimbu Portugal Author

DOI:

https://doi.org/10.56238/arev6n3-367

Keywords:

Coup d'état, Democratic Rule of Law, Social sciences, Far Right, 359-M

Abstract

This article presents the historicity of Crimes against the State and its representatives from the republican period to the 1988 Constitution. In view of this contextualization, the wording of the new and ambiguous crime of Coup d'état provided for in article 359-M of the Penal Code was analyzed, based on the contribution of the Social Sciences in the interpretation of the criminal type. It was intended, therefore, to clarify the intention of the legislator, as well as to suggest a precise and rigorous application of the norm within the dynamics of a Democratic State of Law, based on the knowledge developed by the Social Sciences, which can and should be considered in the application of the Law in the case of the Coup d'état.

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Published

2024-11-28

Issue

Vol. 6 No. 3 (2024)

Section

Articles

How to Cite

ANDRADE E BRAGA, Anna Lídia Di Napoli; MENDONÇA, Ariele Gomes; JUNQUEIRA, Karina; PORTUGAL, Fernando Luz Sinimbu. THE CONTRIBUTION OF THE SOCIAL SCIENCES IN THE INTERPRETATION OF THE "COUP D’ÉTAT" TYPIFIED IN ARTICLE 359-M OF THE PENAL CODE. ARACÊ , [S. l.], v. 6, n. 3, p. 10486–10497, 2024. DOI: 10.56238/arev6n3-367. Disponível em: https://periodicos.newsciencepubl.com/arace/article/view/1784. Acesso em: 8 apr. 2025.