The Tacit Repeal of Articles 194, Section III, and 377 of the Federal Penal Code Two Cases of Criminal Financing that Ceased to Exist Due to a Subsequent Reform

Abstract

With the creation of a new criminal offense, provided in Article 139 Quárter of the Federal Penal Code (CPF), which regulates the financing of certain crimes explicitly listed, those that previously regulated the same conduct (specifically those established in Articles 194, section III and 377 of the CPF) were tacitly repealed. This is because these are criminal offenses that regulate the same matter, thus the principle lex posterior derogat priori (‘the later law repeals the previous one’) is applicable. Subsequently, two new criminal offenses were created to control the financing of certain crimes, but within separate special laws. These are the current offenses, along with the one regulated in article 139 Quater of the CPF, in accordance with the principle sed et posteriors leges ad priores, nisi contrarie sint (‘but also subsequent laws are interpreted by prior ones, unless they were contrary’).