Latrocínio: a prevalência do bem jurídico vida e a complexidade de um delito

Abstract

The present research work represents an approach to the crime of robbery qualified by the result of death (article 157, § 3, final part of the Penal Code), which is conventionally termed robbery, since the Penal Code does not use this nomenclature, only the Military Criminal Code, the Law of Harmful Crimes and the Draft of the Penal Code, in addition to its habitual adoption by the doctrine and jurisprudence. The focus is on the prevalence of good criminal legal life over good criminal legal property or any other right criminal legal tutored by the Penal Code or the legislation. Regardless of the crime is inserted in the special part of the Penal Code, in your Title II – Crimes against property or in your title VI-Crimes against Sexual Dignity, wherefore, the death event, the right to be considered legal, primarily, should be life, followed by another right. The traditional doctrine and the jurisprudence of our superior courts don't go deeper on the subject, because prefer the convenience of the dominant mentality of the early entry into force of the Penal Code which, despite recognizing that life is also violated in the crime of larceny, occurring therefore murder, prefer to give primacy to the patrimonial damage, theft, considering this as a crime-and that as a crime. The disagreements that gravitate around the crime of robbery a crime of unique complexity. Divided into topics, are addressed to your crime or complex legal nature of cause of increase of penalty due to result death, his requirements, the consummation and the attempt, whether or not a crime preterdoloso, deceit of larceny and fraud to murder , the number of victims, the people and crimes, the jurisdiction for trial the proposed legislation for inclusion in the list of malicious crimes against life, treatment equalitarian the crime qualified by result death, crime qualification appalling, statistics and draft of the new Penal Code. Only specific works and scientific papers dare prove need for alteration of the dominant thought, resulting in constitutional principles and basics premise, for the crime of larceny has treatment of crime against life, a foreground, and crime against the heritage, a secondary plan. To confirm or not the prospects envisaged in this work the primacy of life on the property or on any other well, were used specific books that dealt with the theft and your qualified form (robbery) and traditional of law books criminal, as bibliography, bringing together several positions on the various issues addressed here, in addition to recent top courts judged that relating the complexity surrounding the larceny, through specialized sites. From the data collected in the present research, it is recalled that the recalcitrance of the prevalence of life survives in the midst of a storm of contrary understandings and that the pacification of the various themes that orbit the robbery is far from being achieved.