The ‘Code Pénal’ in the Itinerary of the Criminal Codification in America and Europe: ‘Influence’ and Circularity of Models Diego Nunes Abstract The work aims to analyse the circulation of ideas contained in the French Code Pénal (1810) in some Latin American contexts, especially the Brazilian one but also another experiences in the 19th Century. The analysis method was the historical, and the main sources gathered to explain this were the texts of some criminal codes in Europe and America, the Brazilian lawyers who studied the Brazilian Criminal Code (1830) and other lawyers who studied those foreign criminal codes. The result obtained was the French Criminal Code is a model really utilized, but so many others too: most important to verify an influence it was understand the ways to circulation of French and other codes, as the Brazilian one. 1 Introduction This work aims to analyse the legacy of the French model in Latin America from the Brazilian perspective. The original idea it was to verify how present are some elements (general rules as well as crime species) of the Napoleon’s “Code Pénal de l’Empire Français” (French Empire’s Criminal Code) of 1810 1 in the Latin American Criminal Codes of the nineteenth century is due to the dissemination of the “Codigo Criminal do Imperio do Brazil” (Brazilian Empire’s Criminal Code) of 1830. 2 In your “historical introductions” to the handbooks of Criminal Law, until nowadays the Brazilian jurists (for example, Siqueira 3 ) frequently tried to find in D. Nunes (&) Universidade Federal de Santa Catarina, Florianópolis, Brazil e-mail: nunes.diego@ufsc.br 1 France, Code Pénal de l’Empire Français (available at http://gallica.bnf.fr/ark:/12148/ bpt6k57837660?rk=21459;2). 2 Brasil, Lei de 16 de dezembro de 1830: Manda executar o Codigo Criminal (available at http:// www.planalto.gov.br/ccivil_03/leis/lim/LIM-16-12-1830.htm). 3 Galdino Siqueira, Direito penal brazileiro I, (Rio de Janeiro: Jachinto, 1921). © Springer International Publishing AG 2018 A. Masferrer (ed.), The Western Codification of Criminal Law, Studies in the History of Law and Justice 11, https://doi.org/10.1007/978-3-319-71912-2_10 281 nunes.diego@ufsc.br