Participação através de ações neutras

Abstract

The present article aims to analyze the theory of three renowned jurists regarding the theme of participation through neutral actions. The theories used in this article are: Claus Roxin's mixed construction, the Schild-Trappe’s theory, and the most important one (for the purpose of this article), Luís Greco's theory regarding the application of the principle of suitability. The conclusions and solutions of the jurists in their respective theories for this problem, which lacks a concrete answer in our legal system, will be presented. The methodology of this study will be based on a fictional case of participation through neutral actions, which will be resolved by applying each author's theory. In the end, we aim to conclude which theory proposes a more satisfactory resolution for the case.Additionally, a conceptual approach to participation in crime, the definition of joint participation, the distinction between participation by instigation or complicity, the understanding of neutral actions, the elements of criminal type - both objective and subjective - and the concept of objective imputation will be addressed. This is done to provide a better understanding of the author’s theories and how they will be applied. Finally, the goal is to reach a satisfactory conclusion not only for the hypothetical case presented in the article but for all cases involving complicity through neutral actions.