Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Sousa, Daniel Brod Rodrigues de
 |
| Orientador(a): |
D'Avila, Fabio Roberto
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica do Rio Grande do Sul
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Ciências Criminais
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| Departamento: |
Escola de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
http://tede2.pucrs.br/tede2/handle/tede/7348
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Resumo: |
Grounded in the theory of legal rights protection, the research summarized here had as one of its mottoes to screenthe repercussions of the current conformation of criminal conjecture of offensiveness in its contours of injury and danger; all under the parallel with improper omissive crimes in its possible manifestations in the Brazilian legal system.We intended to discuss the ways in which constitutional principles have been violated within the criminal system in the field of omissive crimes, particularly regarding improper omission. We sought, therefore, with respect to that outlined proposition, to develop relevant reflections on improper omissive crimes, critically scrutinizing the guarantor sources composed in the Brazilian Penal Code and the kind-of-offense as a whole with regard to the mentioned offenses. In the face of it, we intended to formulate hermeneutical paths and suggestions to legislative reforms aimed at stabilizing instruments for containing the broad punitive spectrum currently at the state's disposal, within the systematic rules presently in force in Brazil, with respect to such behavioral species of criminal offenses. This study adopted as its main conceptual framework in criminal dogmatics the ontoanthropological conception of criminal law, individuated in the critical idea of criminal delict as an offense to legal goods, built mainly by José de Faria Costa and so well-bundled and improved, in Brazil, by Fabio Roberto D'Avila. Both these authors, therefore, represent the main theoretical framework of this thesis, together with the significant contributions of Jorge de Figueiredo Dias. Research shows that improper omissive crimes are not reduced to the category of crimes that require a naturalistic result for its consummation to occur. Therefore, in this sense, we performed an accurate inspection on the formal sources of the position of guarantor, disciplined in the art. 13, paragraph 2, of the Brazilian Penal Code, displaying the various doctrinal guidelines expressed on the national scene on the subject and trying to make a conscientious examination of such sources in the light of the essential principles of the criminal justice system. Thus, little controversies relating to the determination of the type-of-offense of improper omission and the mechanisms for reprehending that criminal type stand out as sharply expressive. In doctrine and in regulatory dynamics of the criminal laws of the countries, it is crucial the guideline that for a person to figure as an active subject of an improper omission crime this person needs to be located in the so called position of guarantor of containment of the event generation. It was an aimof this work to examine the different streams of dogmatics, covering national and foreign doctrines as well as the normative criteria that legislate about the issue, through rigorous examination of comparative law, in order to sow, lex ferenda, suggestions for the Brazilian penal system to satisfactorily address the intricate subject of improper omissive crimes. The investigation took theoretical research as a canon, thereby employing national and foreign bibliographies that underpinned the matter. We used the comprehensive exhibition technique for elucidating different guises on the subject and also the comprehensive normative approach, since regulatory guidelines have been suggested in the field of improper omissive crimes. |
