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Princípio da Tipicidade

English translation: vagueness doctrine

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Princípio da Tipicidade
English translation:vagueness doctrine
Entered by: Mark Robertson

02:12 Feb 3, 2011
Portuguese to English translations [PRO]
Law/Patents - Law (general) / Law
Portuguese term or phrase: Princípio da Tipicidade
Os princípios constitucionais básicos em matéria de punição criminal, e de aplicação de medidas de segurança, são os seguintes:

a) Princípio da Legalidade – só a lei é competente para definir crimes, bem como os pressupostos das medidas de segurança;
b) Princípio da Tipicidade – a lei deve especificar suficientemente os factos que constituem o tipo legal de crime, ou que constituem os pressupostos da medida de segurança;
peterinmadrid
Portugal
Local time: 04:00
vagueness doctrine
Explanation:
The terms "tipicidade" and "tipo" are specific to criminal law. There are no equivalent EN terms so far as I am aware. Typicity will not do because it is a oenological term. The US term "vagueness doctrine" encapsulates the same ideas but expresses them negatively, i.e. the princípio da tipicidade states what criminal laws must do, while the vagueness docrine states what they must not.

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Note added at 6 hrs (2011-02-03 08:16:36 GMT)
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See Blacks Law Dictionary on Vagueness Doctrine and Ana Prata's Dicionário Jurídico Vol. II on Tipicidade
Selected response from:

Mark Robertson
Local time: 03:00
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3vagueness doctrine
Mark Robertson
4Legal basis principle
Wordwatcher
4Principle of Conciseness
Martin Riordan
4Principle of typicity
Marlene Curtis


Discussion entries: 2





  

Answers


5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
vagueness doctrine


Explanation:
The terms "tipicidade" and "tipo" are specific to criminal law. There are no equivalent EN terms so far as I am aware. Typicity will not do because it is a oenological term. The US term "vagueness doctrine" encapsulates the same ideas but expresses them negatively, i.e. the princípio da tipicidade states what criminal laws must do, while the vagueness docrine states what they must not.

--------------------------------------------------
Note added at 6 hrs (2011-02-03 08:16:36 GMT)
--------------------------------------------------

See Blacks Law Dictionary on Vagueness Doctrine and Ana Prata's Dicionário Jurídico Vol. II on Tipicidade

Mark Robertson
Local time: 03:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1218
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  vertebem: "vagueness doctrine" is the legal expression
2 hrs
  -> Muito obrigado
agree  Donna Sandin: this is what I've found in the past.
3 days 13 hrs
  -> Thanks Donna
agree  Seth Phillips: There appears to be some case law (particularly Pennsylvania) on "void-for-vagueness principle" :)
4712 days
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Legal basis principle


Explanation:
Standard usage in EU texts. Sentence below is taken from a book review - available at the web reference given

Example sentence(s):
  • Overviews the connection between the allocation of competence and the legal basis principle concerning anti-fraud policy.

    Reference: http://www.emeraldinsight.com/journals.htm?articleid=866038&...
Wordwatcher
United Kingdom
Local time: 03:00
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Principle of Conciseness


Explanation:
As Mark explains, there is no exact equivalente in English or American law, but you still have to translate the term!
My suggestion above captures the essence of the principle, which means that, for behaviour to be considered criminal, it must match exactly the behaviour described in criminal law. This is to prevent abuses by judges who, by taking a "broad interpretation" of criminal law, might apply it to behaviour which the legislator had no intention of making criminal.

Martin Riordan
Brazil
Local time: 23:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 361

Peer comments on this answer (and responses from the answerer)
neutral  Mark Robertson: Do you have to translate the term? I thought the point was not to translate terms but to find their equivalent.
45 mins
  -> I assume that the asker has to translate it, i.e. write words to replace "Princípio da Tipicidade". So I tried to supply appropriate words, with an explanation... And the heading of this section refers to "translations"!
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Principle of typicity


Explanation:
All in the Family - Google Books Result
Vasco de Castro Pereira da Silva
... when the magistrates of the Attorney-General's office and judicial magistrates all opted for ... 206 Principle of typicity, A. Varela, “Obligations”, .


http://books.google.com/books?id=Oe79-o_-ZIUC&pg=PA189&lpg=P...


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Note added at 8 hrs (2011-02-03 11:05:48 GMT)
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According to the principle of typicity, rights are only valid if the law recognizes them. Therefore, although judges can invoke the freedom of the judger to qualify their respective decisions of legality, this freedom is not admissible when evidence has been accepted, as determined by the wording of Article 127 of the C.P.P.: "Except where the law disposes differently" ...

http://books.google.com/books?id=Oe79-o_-ZIUC&pg=PA189&lpg=P...

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Note added at 9 hrs (2011-02-03 11:14:39 GMT)
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Overall tipicity:

It is well known that all legal system necessitates harmony, and that conflicting determinations have to be dealt with. What Zaffaroni suggests is that when a given behavior is considered allowed by the overall freedom of the system, than a norm forbidding that behavior is in vice, for the principle of freedom determines the supremacy of the most permissive clause.

It is because of that that violent sports, such as box, for example, does not constitute crime; because the practice of the sport has specific legal provision allowing the conduct, even if it's harmful nature makes the exact same behavior illegal outside rings; the same applies for doctors; the "crime" of injuring the patients, which is a necessary step for many procedures that will prevent greater harm, never comes to be, for other norm allows what they are doing.

Classic theories deal with these situation applying "legal excuses", even though they see these as "crimes"; only this new theory explain why these acts, identical to criminal ones in many aspects, do not qualify and infer "imputation.

http://forums.civfanatics.com/showthread.php?t=223932&page=4

Marlene Curtis
United States
Local time: 22:00
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 1314

Peer comments on this answer (and responses from the answerer)
neutral  Mark Robertson: Marlene, A possible drawback of this literal translation is that the reader (even a legally qualified one) may not understand it.
51 mins
  -> Please, see the references above.
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