A PROPORCIONALIDADE DA LEI DO ABATE
DOI:
https://doi.org/10.21680/2318-0277.2020v8n1ID20121Keywords:
Shoot-Down Law. Proportionality judgment. Radbruch Formula.Abstract
This article aims to critically discuss the Brazilian Shoot-Down Law (Law number 9614/98 of the country), known like that due to the possibility of, when in its use, overthrow aircrafts, regardless if they are with humans on board or not. There were used the German method of weighting, through the proportionality principle and its subprinciples (suitability, necessity, and proportionality in the narrower sense). Provided with the required constitutional filtration, it was possible to verify the invalidity of the aforementioned Law towards the Brazilian legal order, being important the loss of its effectiveness.
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Published
10-07-2020
How to Cite
MANTUANI, M. A PROPORCIONALIDADE DA LEI DO ABATE. Revista Transgressões, [S. l.], v. 8, n. 1, p. 118–133, 2020. DOI: 10.21680/2318-0277.2020v8n1ID20121. Disponível em: https://periodicos.ufrn.br/transgressoes/article/view/20121. Acesso em: 21 nov. 2024.
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