Constitutionally adequate comprehension of the juridical asset in the counterfeit currency crime:

possibility of con-trolling its material legality

Abstract

Criminal law demands a comprehensive reading on the democratic constitutionalism mark. The legal interest is limited by personal and constitutional theories. Public faith is a value provided in the Constitution of 1988, but demands, to obtain criminal dignity, a personal interpretation under the light of the offensive principle. In the Democratic Estate of Law there is no space to immunize juridical values, once there are all subjected to the reductive criminal principles criticism, including counterfeit currency offense. Criminal offense under article 289 of Criminal Code weakens democratically when applied arbitrarily as criminalizing selection method by the agents’ vulnerability, hurting the equal principle under a poverty criminal management.