AÇÃO PENAL do ZERO - Conceito, Tipos e Características | RESUMO - A. Pública, Condicionada e Privada

Summary

This video explains the concept of criminal action, focusing on its classification and the conditions necessary for initiating a criminal process. The content distinguishes between public and private criminal actions, with a detailed breakdown of the public prosecutor's role and the conditions under which the state or the offended party can take legal action. It also touches on important concepts like the conditions of action, the legitimacy of the parties involved, and the process of punishability in criminal law. The video encourages consistent study and a strong foundation in law, offering practical advice for beginners.

Takeaways

• 😀 Criminal action refers to the right of the accusing State or the victim to request jurisdictional provision in court.
• 😀 Jurisdiction is inert, meaning that judges cannot initiate proceedings; it is up to the interested parties to bring the matter to court.
• 😀 There are two main types of criminal actions: public and private criminal actions, based on who owns the right to file the action.
• 😀 Public criminal action is filed by the Public Prosecutor’s Office and is usually unconditional, but can be conditioned based on certain criteria like the victim’s representation.
• 😀 Private criminal action is filed by the injured party or their legal representative through a criminal complaint, and is typically for offenses like slander, defamation, and copyright violations.
• 😀 A public criminal action can be conditioned on the victim’s representation or a request from specific authorities like the Minister of Justice in certain cases.
• 😀 Private criminal actions can be either exclusive (main) or subsidiary to the public action, especially when the public prosecutor fails to act within the required time.
• 😀 Conditions of the action include legitimacy of the parties, interest to act (need, adequacy, and usefulness), and legal possibility of the request, ensuring due process of law.
• 😀 Punishability of a crime depends on typicality, unlawfulness, and culpability, but even if those factors exist, certain conditions must be met for punishment to occur.
• 😀 Absolutist excuses are situations where a crime may not be punishable, even if it is typical, unlawful, and culpable. An example is theft committed by a descendant against an ascendant under certain conditions.
• 😀 The video emphasizes the importance of building a strong legal foundation early on in your studies, encouraging consistent daily study and a focus on introductory law courses to avoid getting overwhelmed later.

Q & A

What is criminal action in the context of law?

Criminal action is the right of the state or the victim to bring a case to court when there is evidence of a crime. The judge does not initiate proceedings on their own; it is the responsibility of the interested party to provoke the jurisdiction through the exercise of their right to action.

What are the main classifications of criminal actions?

Criminal actions are classified into two main types: public criminal actions and private criminal actions. Public criminal actions are filed by the Public Prosecutor’s Office, while private criminal actions are filed by the victim or their legal representative.

What is the difference between unconditional and conditioned public criminal actions?

Unconditional public criminal actions do not depend on the victim's will and can be initiated by the Public Prosecutor’s Office alone. Conditioned public criminal actions require certain conditions, such as representation from the victim or a specific request from an authority, like the Minister of Justice.

What types of crimes are processed through private criminal actions?

Private criminal actions are typically used for crimes that directly affect the victim’s personal rights, such as defamation, slander, or copyright infringement.

What does 'subsidiary private criminal action' mean?

A subsidiary private criminal action occurs when the Public Prosecutor’s Office fails to act within the deadline to file a public criminal action. In such cases, the victim can file the action on their own.

What are the general conditions for initiating a criminal action?

The general conditions include the legitimacy of the parties (who can file the action), the interest to act (the need to bring the case to court), and the legal possibility of the request (the crime must be legally defined and punishable).

What is the role of 'interest to act' in criminal actions?

'Interest to act' refers to the need, adequacy, and usefulness of bringing a case before the judiciary. There must be a need to seek justice, and the outcome should be useful for resolving the issue at hand.

What is the significance of the 'legal possibility of the request' in a criminal action?

The 'legal possibility of the request' means that for an action to be initiated, the crime must be defined in law. It must be typified as a crime, and there must be a legal provision for its punishment.

What are 'absolutist excuses' in criminal law?

Absolutist excuses are situations that exclude the punishability of an agent, even if the crime is typical, unlawful, and culpable. For example, a crime like theft committed by a descendant against an ascendant under certain conditions might not result in punishment.

What advice is given to law students in this video?

The video emphasizes the importance of consistent study, even if it's just a little every day. Strengthening your foundational knowledge is crucial, as it helps prevent difficulties later when studying more complex topics.