Infração Penal: Elementos, Espécies || Sujeito Ativo e Sujeito Passivo || Concurso Policia Civil #1

Summary

This lesson delves into the concept of *infração penal* (criminal offense) in Brazilian law, discussing key elements such as active and passive participants. Active subjects are typically individuals who commit the offense, with certain exceptions, such as in environmental crimes where legal entities may be involved. Passive subjects are categorized into formal and material, depending on whether the state or an individual’s rights are harmed. The lesson also explains the distinction between crimes and contraventions, with crimes being more serious offenses punished by stricter penalties. The script explores the shifting nature of legal classifications, exemplified by the change in the law regarding the illegal possession of firearms.

Takeaways

• 😀 A criminal offense occurs when an individual performs any act described by law that offends the legal rights of another person.
• 😀 Active subject refers to the individual who violates the legal right protected by law, typically an adult human over 18, with exceptions for environmental crimes.
• 😀 In environmental crimes, legal entities (such as companies) can be considered the active subject, as outlined in Article 225, Paragraph 3 of the Brazilian Constitution.
• 😀 Article 225, Paragraph 3 of the Brazilian Constitution holds that offenses harmful to the environment can result in sanctions for both individuals and legal entities.
• 😀 The passive subject can be formal (the State) or material (the person or legal entity whose legal right has been offended).
• 😀 The principle of harmfulness dictates that a criminal offense occurs only when harm affects someone other than the perpetrator.
• 😀 A person who injures themselves, such as repeatedly punching their own face, doesn't constitute a crime unless the harm affects another person or legal right.
• 😀 Certain self-inflicted harm could be considered fraudulent, such as faking an injury to claim insurance benefits or to avoid military service.
• 😀 Brazilian law distinguishes two main categories of criminal offenses: crimes and contraventions, with crimes being more serious and contraventions being less severe.
• 😀 Unlike Brazil, some countries (like France and Spain) use a three-tier system to categorize offenses: crime, misdemeanor, and contravention.
• 😀 Crimes are punished more severely (e.g., imprisonment or fines), while contraventions are punished with lighter penalties like simple imprisonment or fines.
• 😀 The classification of an offense as a crime, misdemeanor, or contravention is a political decision and may evolve over time, as seen with the legal changes regarding illegal possession of firearms.

Q & A

What is the definition of a criminal offense according to the script?

A criminal offense occurs when a person engages in a behavior described by law that harms a legal right of a third party. These offenses are prohibited by law and subject to punishment.

Who can be the active subject in a criminal offense?

The active subject, or the one who commits the offense, is typically a human being over the age of 18. However, in cases related to environmental crimes, a legal entity can also be the active subject.

What does Article 225, paragraph 3 of the Federal Constitution state regarding environmental crimes?

Article 225, paragraph 3 of the Federal Constitution specifies that individuals or legal entities committing harmful acts against the environment will face criminal and administrative sanctions, in addition to being obligated to repair any damage caused.

What are the two types of passive subjects in criminal offenses?

The two types of passive subjects are: (1) the formal passive subject, which is always the state because both the state and society are harmed by the crime, and (2) the material passive subject, who is the holder of the harmed legal right, which can be either a physical person or a legal entity.

What is the principle of harmfulness in criminal law?

The principle of harmfulness states that for an offense to be considered criminal, the harm must affect the legal rights of someone other than the offender. For instance, self-harm does not constitute a criminal offense.

Can self-inflicted harm lead to criminal charges?

No, self-inflicted harm does not lead to criminal charges as it does not harm a third party's legal right. For example, if someone punches themselves, it doesn't constitute a crime under the criminal law.

What are the two categories of criminal offenses in Brazilian legislation?

Brazilian legislation categorizes criminal offenses into two types: 'crime' and 'contravention'. Crimes are considered more serious infractions, while contraventions are less severe.

How do the crime and contravention differ in terms of punishment?

Crimes are punished with more severe penalties such as imprisonment or fines, while contraventions are punished with lighter penalties such as simple imprisonment or fines.

What legal distinction does Article 1 of the Law of Introduction to the Penal Code (Decree-Law No. 3,914/41) make?

Article 1 of the Law of Introduction to the Penal Code differentiates crimes and contraventions based on the type and severity of the punishment. Crimes are associated with harsher penalties, while contraventions are linked to more lenient punishments.

How can the classification of a criminal offense change over time?

The classification of a criminal offense can change over time due to shifts in legal perspectives. For example, the act of carrying an illegal weapon was a mere contravention until 1997, when it became classified as a crime.