The unavailability of financial assets (in excess) and its punitive typification in front of the new authority abuse law (Law 13.869/2019)

Abstract

The present article seeks to verify the consequences of the application of art. 36, Law n. 13.869/2019, that criminally penalizes the judicial authority, when the unavailability of financial assets executed in excess. In this sense, the topic that is analyzed by the Superior Courts and the Legislative is of great relevance, since the legislation does not bring precisely what shows the blocking of exacerbated or excess values, and opens a great gap to prosper in a judicial arbitrariness. Therefore, the main reason for choosing the subject under study is to analyze the indeterminability and imprecision of the type of criminal penalty not art. 36 of Law 13.869 / 2019, which detains large vagueness (void for vagueness) for conduct liable to punishment, as consequences of the normal rule for public agents who practice and as changes that the legal diploma brings to the judiciary.