A ampliaÃÃo do conceito de autor mediato à luz da teoria de Claus Roxin como forma de combate à criminalidade organizada

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The present thesis has the purpose of demonstrating the judicial viability of the enlargement of the mediate authorship concept as a way to fight organized criminality. For this, a large bibliographic research was done, especially about foreign authors; true stories were analyzed as well as their jurisprudential implications. The study comes from the thesis of the German jurist Claus Roxin, who in 1963 published in the magazine Goltdammer s Archic an article entitled TÃterschaft und tatherrschaft. Roxin developed the thesis of the will control due to organized power apparatus, in which he defended the idea of being possible to enlarge the traditional concept of the mediate author, since the following requirements were present: fungibility of those who follows orders; control of the organization through the authors of orders; and the use of the power apparatus without the action of law. The control of the organization, according to Roxin, could also be applied in cases of organized criminality. Supported by these arguments, we can conclude that the traditional concept of the mediate author could be broaden, since the mentioned requirements are present, even in hypothesis in which the used person be fully responsible. Therefore, we look for a way to provide one more alternative to fight organized criminality, in so far as it will be easier to hold the man behind responsible as a mediate author through the crimes practiced by the criminal organization he commands

ASSUNTO(S)

mediate authorship domÃnio do fato direito autoria mediata crime organizado control of the fact organized crime

ACESSO AO ARTIGO

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