Erro de proibição e natureza do bem jurídico-penal - Doutrina e jurisprudência / Mistake of the law and the nature of the interest protected by the penal rule

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

ABSTRACT This thesis aims at the dogmatic study of the penal mistake, as a first proposition, and the investigation of the relation between the nature of the interest protected by the penal rule and the mistake of law in the judicial praxis, as a second proposition, concluding with the demonstration that the science and the jurisprudence are integrated, as a last proposition. On the one hand, the thesis concludes that the direct mistake of law the one that falls on the prohibitive norms takes place mainly on the class of the collective interests, i.e., those concerned with the interests of the society as a whole. On the other hand, it concludes that the indirect mistake of law the one that falls on the permissible rules - mostly occurs on the category of the individual interests, i.e., those concerned with the interests of the individual. Both inferences are confirmed by the courts decisions delivered in the course of twenty years, since the mistake of law was introduced in the Brasilian Penal Code.

ASSUNTO(S)

direito penal conscience of breaking the law bem jurídico-penal erro de proibição interest protected by the penal rule consciência da ilicitude erro sobre a ilicitude do fato mistake of law erro (direito penal)

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