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The study carried out by the author is based on the following question: "Which rationality underpins contemporary criminal law: humanist and democratic rationality, or non-democratic economic rationality? The rationality of a criminal law made by a democratic legislator elected for a specific purpose, or that of a criminal law that is designed to fulfil interests linked to the economic system and media pressures?" Adalberto Narciso Hommerding, post-doctoral professor and judge in the state of Rio Grande do Sul.