Post by SHIHAB on Jan 10, 2024 6:42:01 GMT
January 8, 2023, will forever be recorded in the memory of Brazil and the world: radical Bolsonarist protesters invaded the headquarters of the three Powers of the Republic and vandalized part of the national public property, through conduct that was clearly contrary to the democratic order. The investigations are already underway, but reflections and doubts still remain about the possible crimes committed, as well as the scope of the criminal responsibility of those who, although they did not directly carry out certain crimes, could, in theory, be involved.
Well then. In order to shed light on this issue, it is es WhatsApp Number List sential to make, albeit succinctly, some considerations about the competition of people, as well as about the theory of mastery of the fact, which has been used by Brazilian jurisprudence, as was the case with criminal action 470, jurisdiction of the Federal Supreme Court. As is known, the Brazilian Penal Code, when dealing with the issue relating to the competition of people [1] , adopted the monistic or unitary theory, that is, it did not take care to establish a difference between authorship and participation, so that "whoever, in any way In this way, it contributes to the crime and is subject to the penalties boaty mcboatfaceigned to it, to the extent of its culpability.
It is concluded, therefore, that as long as the other requirements are respected, everyone will be held responsible for the same crime(s). But the question is: who will be considered the author and who will be the participant? What requirement(s) define authorship and participation? In this sense, in order to propose a difference between author and participant, national doctrine and jurisprudence have used the theory of dominion of fact, defended by Claus Roxin. According to the aforementioned professor, anyone who acts with mastery of the fact will be considered an author, that is, someone who boaty mcboatfaceumes the central figure of the typical event ( Zentralgestalt des tatbestandmaBigen Geschehens ) (Greco and Leite, 2014, p.25), manifesting- if, therefore, in three ways: a) the domain of action, understood as direct or immediate authorship, b) the domain of the will, that is, mediate or indirect authorship, in addition to c) the functional domain of the fact, is to say, co-authorship (Greco and Leite, 2014).
Well then. In order to shed light on this issue, it is es WhatsApp Number List sential to make, albeit succinctly, some considerations about the competition of people, as well as about the theory of mastery of the fact, which has been used by Brazilian jurisprudence, as was the case with criminal action 470, jurisdiction of the Federal Supreme Court. As is known, the Brazilian Penal Code, when dealing with the issue relating to the competition of people [1] , adopted the monistic or unitary theory, that is, it did not take care to establish a difference between authorship and participation, so that "whoever, in any way In this way, it contributes to the crime and is subject to the penalties boaty mcboatfaceigned to it, to the extent of its culpability.
It is concluded, therefore, that as long as the other requirements are respected, everyone will be held responsible for the same crime(s). But the question is: who will be considered the author and who will be the participant? What requirement(s) define authorship and participation? In this sense, in order to propose a difference between author and participant, national doctrine and jurisprudence have used the theory of dominion of fact, defended by Claus Roxin. According to the aforementioned professor, anyone who acts with mastery of the fact will be considered an author, that is, someone who boaty mcboatfaceumes the central figure of the typical event ( Zentralgestalt des tatbestandmaBigen Geschehens ) (Greco and Leite, 2014, p.25), manifesting- if, therefore, in three ways: a) the domain of action, understood as direct or immediate authorship, b) the domain of the will, that is, mediate or indirect authorship, in addition to c) the functional domain of the fact, is to say, co-authorship (Greco and Leite, 2014).