Injúria, difamação e calúnia: uma análise de possibilidades de concurso de crimes contra a honra

Abstract

In everyday life, it is observed that the situations in which occurs the practice of the crimes against honor contained in the Criminal Code - injury, defamation and slander - can generate difficulties in the criminal sanctions of the perpetrated conduct. In order to help solve this dilemma, this work aims at the analysis of possibilities of concurrence for crimes against honor. For such attempt, it was initially sought to provide essential information about the crimes, as well as institutes of crime concurrence – proper formal concurrence, improper formal concurrence, material concurrence and continued crime -. Furthermore, it was performed a systematization of the situations of crime concurrence against honor and, based on the hypothetical- deductive method, the proper penal sanctions of each hypothesis was detailed. To achieve this, it was reflected on articles of the Criminal Code, performing systematic interpretations, and it was sought to base on doctrinal and jurisprudential lessons about the crimes against honor and the crime concurrence institutes.