CONCURSO DE PESSOAS (Resumo) - Conceito, Requisitos e Penas | Direito Penal

Summary

In this video, Cínthia Brunelli explains the concept of 'Concurso de Pessoas' (Co-perpetration and Participation) in Brazilian criminal law. She outlines the roles of multiple individuals in committing a crime, distinguishing between co-perpetration (where all participants directly engage in the crime) and participation (where someone indirectly contributes). The video covers different types of crimes, such as unissubjetivos and plurissubjetivos, and explores the four essential elements for Concurso de Pessoas: plural agents, unity of the crime, causal relevance of actions, and psychological link. Legal consequences and varying degrees of responsibility are also discussed.

Takeaways

• 😀 The 'concurso de pessoas' refers to the participation of two or more individuals in committing a criminal offense together.
• 😀 The concept of 'concurso de pessoas' can be understood as a criminal act carried out by more than one individual, either through direct or indirect collaboration.
• 😀 There are two types of crimes in the context of 'concurso de pessoas': unisubjective crimes (which can be committed by one or more individuals) and plurisubjective crimes (which require multiple individuals for the crime to be established).
• 😀 Unisubjective crimes, such as homicide, can be committed by one or more people, while plurisubjective crimes, such as criminal association, require the participation of three or more individuals.
• 😀 For 'concurso de pessoas' to occur, four essential elements must be present: pluralidade de agentes (plurality of agents), unidade delitiva (unitary criminal act), relevância causal (causal relevance of the participants' actions), and vínculo subjetivo (subjective link or agreement among participants).
• 😀 Pluralidade de agentes means that more than one person must participate in the execution of the crime.
• 😀 Unidade delitiva refers to the commission of the same crime by all participants involved in the offense.
• 😀 Relevância causal implies that the contribution of each participant is significant in the final outcome of the crime.
• 😀 Vínculo subjetivo requires that all participants share the same intent, or at least a tacit agreement, to commit the crime.
• 😀 There are different roles in the 'concurso de pessoas': co-authors (coautores) who have direct and active involvement in committing the crime, and participants (partícipes) who contribute indirectly, either materially or morally, to the crime's execution.

Q & A

What is the concept of 'Concurso de Pessoas' in criminal law?

Concurso de Pessoas, or Joint Criminal Enterprise, refers to the participation of two or more individuals in the commission of a crime. It involves collaboration, either direct or indirect, among multiple people to commit a criminal act.

What are the differences between unisubjective and plurisubjective crimes?

Unisubjective crimes can be committed by one or more individuals, and they may involve the participation of multiple people but do not require it. Plurisubjective crimes, on the other hand, necessarily require multiple participants to be committed, such as criminal associations where at least three individuals are involved.

What are the four essential elements for a 'Concurso de Pessoas' to exist?

The four essential elements for Concurso de Pessoas are: 1) Plurality of agents (more than one person must be involved); 2) Unitary criminal act (all participants commit the same crime); 3) Causal relevance (each person's contribution is relevant to the crime); 4) Subjective link (there must be an agreement, even if tacit, among the participants to commit the crime).

What is the difference between coauthorship and participation in a crime?

Coauthorship occurs when all participants have a direct and equal role in committing the crime, sharing the same criminal intent. Participation involves indirect involvement, where a person supports the crime, either materially (e.g., providing weapons) or morally (e.g., encouraging the crime).

What does 'relevance causal' mean in the context of Concurso de Pessoas?

Relevance causal means that each participant's contribution must have a significant impact on the completion of the crime. This ensures that every participant plays a role that is necessary for the crime's occurrence.

What is the legal responsibility of coauthors and participants in a crime?

Both coauthors and participants are legally responsible for the crime, but their penalties can vary depending on the level of their involvement and culpability. The judge considers the degree of involvement when determining the sentence.

Can excludents of unlawfulness or culpability be applied in the Concurso de Pessoas?

Yes, excludents of unlawfulness or culpability can be applied to certain participants if it can be proven that the specific circumstances of their involvement justify such exclusions.

How does the subjective link influence the formation of 'Concurso de Pessoas'?

The subjective link refers to the agreement among the participants, even if tacit, to commit the crime. This shared intent ensures that all individuals involved are pursuing the same criminal objective.

What is the role of the judge when determining penalties in a 'Concurso de Pessoas' case?

The judge evaluates the degree of involvement of each participant and the nature of their participation. Based on this, the judge may apply mitigating or aggravating circumstances when determining the sentence.

Why is understanding 'Concurso de Pessoas' important in criminal law?

Understanding Concurso de Pessoas is crucial for applying criminal law fairly, as it allows for a nuanced analysis of the various roles and levels of involvement in a crime. This ensures that the legal consequences for each participant are appropriate and just.