Crimes de perigo abstrato face ao princípio da ofensividade

Abstract

This paper aims to analyze and discuss the constitutionality of crimes of abstract danger in light of the principle of offense. Keeping in mind that the use of such crimes has become recurrent in light of the traditional typology based on the domain of result crimes or injury. Doctrines question the constitutionality of crimes of abstract danger when confronted with some constitutional principles. But, in this case, limiting themselves only within the scope of the principle of offense. Thus, the big question exposed here in the present paper is the possible affront to the constitutional principle of offensiveness that crimes of abstract danger entail. Thus, it ends up generating such a debate about it. Therefore, it is necessary, first of all, to understand the origin of the principle of offense, making a relationship between Criminal Law and Constitutional Law, analyzing the concept of abstract danger crime and, finally, confronting both. As for the methodology used, it is important to mention that the dialectical method was used, considering that we have two conflicting ideas in which we will confront and make a contrast between them, with the intention of reaching a result.