Os impactos da acessoriedade da participação nas exigências da exposição do fato criminoso pela denúncia

Resumo

From the analysis of the jurisprudence of the Superior Courts, among cases of authors and participants in the crime, it was noted that there are judicial rulings exempting the criminal complaint from an accurate identification of the authors and participants and their respective facts. That fact is grounded on the argument that the appropriate timing for the classification of the individuals as authors and participants is during the fact finding phase, as well as that the principle of the indivisibility of the criminal complaint does not apply to public criminal complaints. This position of the Superior Courts has caused serious consequences in criminal and procedural dogmatic, due to the breaking of the accessory nature of participation, because it allows charges to be filed only against people who are merely participants, without the need to determine the true author of the crime. In reason of that, this research aim at investigating "if" and "how" the dogmatic concept of "accessory participation" can be transported to the criminal procedure, especially regarding the exposition of a criminal fact (article 41 of the Brazilian Criminal Procedure Code) by the prosecution, as an essential element of the procedural fact. This research aim at answering the following questions: (a) which are the requirements of the main historical fact must the prosecution describe in order to establish the imputation of the participant? (b) is it necessary to identify the author to enable the validity of the criminal complaint against the participant? (c) if and when is it possible to press charges only against the participant? (d) in cases where it is difficult to individualize the conduct the author and the participant, is it possible to press generic criminal charges?

Ficha do documento

Tipo

Dissertação

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/33100

Palavras-chave

Criminal lawContest of agentsAccessory participationCriminal procedureAccusationDireito penalConcurso de agentesAcessoriedade da participaçãoProcesso penalDenúnciaDireitoDireito penal - BrasilAutor (Direito penal)Concurso de pessoas (Direito penal)