Do crime continuado: a análise do elemento subjetivo

Abstract

This work analyzes the theme of continued crime, which corresponds to a kind of crime contest, debating its main divergences, however, focusing on the main discussion of the Brazilian legal system, which is a necessity or not of the subjective element for a characterization of continuity delirious At the outset, a historical contextualization was carried out focused on the origin of the theme. The same surgeon as a benefit, with a purpose to prevent exaggeration in the application of the penalty. Continued crime was spread over several countries, with the same aim, however, superior, especially with regard to the subjective element. In our country, continued crime began to be regulated in 1890, already with the objective character it currently presents. It is noted that the legislature, in disciplining the institute, had an intention to employ purely objective theory. In giving the concept of continuity, the research entered into a fundamental discussion of the theme, for a conceptualization of continued crime comes from the theory adopted. However, jurisprudence differs from the law, being necessary, clarifies which theory is most appropriate to be used in each case. A jurisprudence, a force of unity of development, an existence of the unity of estruction to be characterized by a continuity delida, mainly by the difficulty of differentiating a criminal reiteration of continuity, without any element of connection. Thus, for the application of the continuous crime, in addition to the objective elements, such as the conditions of space, time, and mode of execution, magistrates, for the most part, require the unit of design for the application of the institute, aiming to avoid impunity and injustice .