O papel da jurisprudência no direito penal

This monograph addresses the role of the Judiciary in the field of Criminal Law. Its objective was to concisely outline the legal nature of the jurisprudence and the exercise of the jurisdictional function, delimiting the activity of the Judiciary in order to understand its role in th e formation and application of the penal rule. For this, the source of study was the approach of renowned doctrine on the theme. From that it was possible to conclude that the Jurisprudence plays the role of mediate source, and the activity of the Judiciar y can also be perceived as a source of interpretation of the rule. However, the integrative role of Jurisprudence in criminal matters is not possible to the detriment of the defendant.