Violation of the non bis in idem and non-discrimination principles with the application of the constitutive aggravating circumstance to the infraction of numeral 20 article 47 of the COIP

Abstract

This research work focused on the analysis of the violation of the constitutional principles non bis in idem (not being tried twice for the same cause) and non-discrimination, when the constitutive aggravating circumstance is applied to the infraction of numeral 20 article 47 of the Comprehensive Criminal Organic Code. Under this perspective, it is necessary to examine theories, concepts, law, doctrine, jurisprudence, among other documents that will allow to demonstrate the problem raised in this academic work. In addition, it is a topical issue since everyone prosecuted for an infraction has the right to the effective application of due process, so that the State, through its responsible bodies, guarantees the legal security of those who are immersed in this situation. This research work was conducted through a mixed approach: qualitative and quantitative; its level of depth will be based on the descriptive exploratory, contributing to the proposed topic. The methods that were applied were the inductive - deductive, analytical - synthetic and legal dogmatic. Data will also be obtained through the survey technique using the questionnaire as an instrument.