(Im)Possibilidade de Dolo Eventual em crimes de Perigo Comum: Uma contribuição para a reclassificação do Dolo no Brasil

Abstract

In this work, research was carried out on the possibility of talking about possible intent in crimes of common danger. To this end, a historical analysis of Brazilian criminal legislation was carried out, both with regard to intent and common danger crimes. The doctrinal theories about intent and its concept were also studied, as well as the doctrinal classifications of dangerous crimes. In addition, theories that face the issue of compatibility or not of the eventual intent with danger crimes were discussed, adopting the conception due to its impossibility. Another issue faced was whether the classic classification of intent remains applicable in today's society, that is, whether the new social risks and the growing demand for the criminalization of risk may continue to be subsumed under the classic conceptions of intent, reaching the conclusion that no, it is necessary a reclassification of the intent so that it fits today's society. As a way to demonstrate the practical relevance of the discussion, three cases of repercussion were analyzed, namely, the case of Nightclub Kiss; the case of cameraman Santiago Andrade and the case of Ninho do Urubu. In the first two cases, despite dealing with crimes of danger from which the result of death came, the charges were for murder, while in the last case the charges were for the crime of arson with the result of death. The similarity between the cases was not reflected in the charge, demonstrating the importance of deepening the theme of crimes of common danger and especially of the fraud in them.