Concurso de Pessoas (Direito Penal): Resumo Completo

Summary

The video explains the concept of 'concurso de pessoas' (concurrence of individuals) in criminal law, focusing on the involvement of multiple agents in a crime. It discusses the classification of crimes based on whether they require the participation of two or more people, such as in crimes like homicide and organized crime. The script explores theories of authorship, such as objective formal, material, and subjective theories, and the roles of co-authors and participants. Additionally, it delves into legal nuances, like participation in crimes, the influence of personal conditions, and the distinction between different theories of punishment for participants in a crime.

Takeaways

• 😀 The concept of 'Concurso de Pessoas' (competition of people) refers to the involvement of two or more individuals in the commission of a criminal offense, forming a subjective plurality of crime.
• 😀 Crimes can be classified as 'unisubjective' or 'plurisubjective'. A 'unisubjective' crime can be committed by one or more people, whereas a 'plurisubjective' crime requires the participation of two or more individuals.
• 😀 The Brazilian Penal Code specifies crimes such as 'criminal association' and 'drug trafficking association', which require a certain number of agents to participate in the crime (three or more, for example).
• 😀 To configure the 'Concurso de Pessoas', the following requirements are necessary: plural participation of agents, a unitary criminal act, relevant causal and legal links between the actions, and a subjective connection or 'liame' between the agents.
• 😀 The 'liame subjetivo' (subjective link) refers to the mental connection between the individuals involved in the crime. It is essential for the establishment of joint criminal activity and must exist before or simultaneously with the crime.
• 😀 There are two types of participants in a crime: the 'co-author' (principal agent) and the 'participant' (secondary or accessory agent). Participants can be involved either morally (instigating or inducing the crime) or materially (assisting in its commission).
• 😀 A participant is only considered liable if the principal agent completes the crime, at least in its attempted form. There is no 'culpable' participation in a 'doloso' (intentional) crime.
• 😀 Theories of authorship include the formal objective theory, the material objective theory, the subjective theory, and the theory of domain of the fact, each describing different perspectives on what makes an individual an author in a crime.
• 😀 The 'unitary theory' (monistic theory) states that both authors and participants are punished for the same crime, with penalties reflecting their level of culpability. Brazil follows this principle, with some exceptions where the pluralistic theory may apply.
• 😀 In certain cases, such as the crime of abortion, authors and participants may be considered responsible for different crimes under the pluralistic theory. For instance, the doctor and the pregnant woman could be charged separately for different offenses.
• 😀 The concept of 'mediated authorship' (indirect authorship) refers to situations where an individual uses a third party (e.g., an incompetent or coerced person) to commit a crime on their behalf. There are four types of mediated authorship: irresistible moral action, hierarchical obedience, the use of an imputable agent, and error induced by a third party.

Q & A

What is the concept of 'concurso de pessoas' in criminal law?

'Concurso de pessoas' refers to the plurality of offenders involved in the commission of a crime. It is the involvement of two or more individuals in committing an unlawful act, also known as co-offending or codelinquency.

What are the two types of crimes in relation to 'concurso de pessoas'?

The two types of crimes in relation to 'concurso de pessoas' are unisubjective crimes and plurisubjective crimes. Unisubjective crimes can be committed by one or more individuals, while plurisubjective crimes require the involvement of two or more people.

Can a crime be considered 'unisubjective' even if committed by multiple individuals?

Yes, a crime like homicide is considered unisubjective because it can be committed by one person or by several individuals acting together.

What is necessary for a crime to be classified as 'plurisubjective'?

For a crime to be classified as 'plurisubjective', it is essential that at least two or more agents are involved in committing the crime. The crime cannot be completed without the participation of multiple offenders.

What does the term 'liame subjetivo' mean in the context of 'concurso de pessoas'?

'Liame subjetivo' refers to the subjective link or psychological bond between the participants in the crime. It means that there must be a prior or simultaneous agreement or common intention to commit the crime together.

What is the difference between co-authorship and participation in the context of 'concurso de pessoas'?

Co-authorship refers to the involvement of two or more individuals who actively participate in the crime with equal responsibility. Participation, on the other hand, involves a secondary role, where one individual assists or facilitates the commission of the crime but does not play a primary role in its execution.

How does 'participação moral' differ from 'participação material'?

Participação moral involves influencing or encouraging the primary offender to commit the crime (such as instigation or inducement), while 'participação material' refers to physical assistance in the crime, such as providing tools or helping the principal offender.

Is there participation in a crime if the secondary agent is unaware of the primary agent's true intentions?

No, there is no participation if the secondary agent does not share the same intent as the principal offender. For a proper 'concurso de pessoas', the psychological bond (liame subjetivo) between the participants must exist.

What is 'autoria mediata' and how does it work?

'Autoria mediata' (indirect authoring) occurs when one person uses another individual, usually an innocent or incapable person, as an instrument to commit the crime. The individual who directs the crime is considered the true author, while the manipulated person is a mere instrument.

What is the impact of 'cooperação dolosamente distinta' in a crime involving multiple offenders?

When one participant in a crime intentionally commits a different crime than the one originally agreed upon, it results in 'cooperação dolosamente distinta' (differently intended cooperation). The penalty for the other participants may be increased if the more severe crime was foreseeable.