CONCURSO de CRIMES | art. 69 a 76 do Código Penal

Summary

This video lesson provides a detailed explanation on crime concurrence, focusing on different types of crimes and their legal consequences. It covers material, formal, and continued crime concurrence, explaining key concepts like plural conduct and results. The video also clarifies how sentences are served based on different types of crime concurrence, as per the Brazilian Penal Code. Practical examples help illustrate each type of concurrence. Additionally, the lesson discusses the limits on prison sentences in Brazil, particularly the 40-year maximum sentence, and how they apply to cases involving multiple crimes.

Takeaways

• 😀 Competition of crimes refers to situations where a person commits two or more crimes, either simultaneously or at different times.
• 😀 The goal of the competition of crimes is to prevent impunity and ensure accountability for all criminal acts.
• 😀 The concept of competition of crimes is defined by Cléber Masson, who states that it occurs when a person commits two or more criminal acts through one or more actions.
• 😀 There are three main types of competition of crimes: material competition, formal competition, and continuous crime.
• 😀 Material competition (real competition) occurs when a person commits two or more independent crimes without any relationship between them, and the penalties for each crime are added together.
• 😀 Formal competition (ideal competition) occurs when one act results in two or more crimes, either identical or not, and the penalty is applied for the most serious crime, with an increase of one-sixth to half.
• 😀 An example of material competition is when a person commits both a robbery with violence and a separate theft at different times, receiving individual penalties for each crime.
• 😀 An example of formal competition is when a person poisons food with the intent to kill one person, but another person accidentally eats it and dies, resulting in two homicides from a single act.
• 😀 Continuous crime occurs when a person commits multiple crimes of the same nature, with a continuous relationship in time, place, and method of execution, leading to a single penalty with an increase of one-sixth to two-thirds.
• 😀 The penalties in Brazil are limited by the Constitution, which prohibits life sentences, and the maximum penalty was raised to 40 years in 2019 as part of the anti-crime package, with a requirement for unification of sentences when they exceed this limit.

Q & A

What is 'concurso de crimes' in Brazilian law?

'Concurso de crimes' refers to the situation where an individual commits two or more criminal offenses either simultaneously or at different times. It ensures that offenders are held accountable for all their criminal acts.

What is the key purpose of concurso de crimes?

The key purpose of concurso de crimes is to prevent impunity and ensure that the offender faces appropriate legal consequences for all their actions.

What are the three types of concurso de crimes explained in the script?

The three types are concurso material (material contest), concurso formal (formal contest), and crime continuado (continued crime).

What is concurso material (material contest)?

Concurso material occurs when a person commits two or more independent crimes, either in a single event or across multiple events, without any dependency between them. The penalties for each crime are added together.

Can you provide an example of concurso material?

An example of concurso material would be when a person commits a robbery with violence and a separate theft at different times. Each crime receives its own penalty, and the total sentences are added together.

What does concurso formal (formal contest) involve?

Concurso formal occurs when a single action or omission results in two or more crimes. Although there is only one act, multiple offenses are committed, and the penalty is for the most serious crime, with an increase in the penalty of up to half.

Can you give an example of concurso formal?

In an example of concurso formal, a person poisons food intending to kill one person, but two people are harmed and die. The person will be held accountable for two homicide charges from a single action.

What is crime continuado (continued crime)?

Crime continuado occurs when a person commits two or more similar crimes over a period of time, with the same context (time, place, method of execution). The offenses are considered as a continuous action and are penalized as a single crime with the most serious penalty applied.

What is an example of crime continuado?

An example of crime continuado is when a store employee steals money from the cash register every day over an extended period. The thefts are considered continuous and penalized as a single crime with an enhanced penalty.

What is the limit on criminal penalties in Brazil?

In Brazil, the maximum penalty that can be applied to an offender is 40 years in prison, even if multiple crimes are committed. If the sum of the sentences exceeds 40 years, the sentences must be unified to meet this limit.

Is life imprisonment allowed in Brazil?

No, life imprisonment is not allowed under Brazilian law. The Constitution of Brazil prohibits perpetual sentences, and the maximum sentence for a single individual is 40 years as per the Penal Code.

What happens if a person is sentenced to more than 40 years in prison in Brazil?

If an individual is sentenced to more than 40 years for multiple crimes, the sentences must be unified to comply with the 40-year maximum limit, as stated in Article 75 of the Brazilian Penal Code.