Funções, métodos e limites do Direito Penal comparado = Functions, Methods and 
Limits of Comparative Criminal Law

Eser, Albin

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Funções, métodos e limites do Direito Penal comparado = Functions, Methods and Limits of Comparative Criminal Law

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Eser, Albin
Criminal Law, Max Planck Institute for Foreign and International Criminal Law, Max Planck Society;

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Eser, A. (2021). Funções, métodos e limites do Direito Penal comparado = Functions, Methods and Limits of Comparative Criminal Law. Revista Brasileira de Ciencias Criminais, 29(178), 19-46.

Cite as: https://hdl.handle.net/21.11116/0000-0008-9FEA-E

Abstract

This article discusses the functions, methods, and limits concerning the comparative legal research on criminal law. Primarily, it aims to describe an overview of the field and its historical development; secondly, it aims to classify its different roles (“Judicative”, “Legislative” and “Theoretical”). Furthermore, the author analyzes the main limitations of comparative legal research, such as the danger of dilettantism or the structural disparities between legal cultures. In conclusion, however, comparative research is praised as an antidote against the recurrent dogmatism that characterizes the legal profession.