Teoria dos crimes omissivos

Abstract

The work is aimed at developing a theory of omissive crimes, with a purpose to limit the expansion of punishment. To achieve this goal, are under discussion all conceptions of the omission, both in the dogmatic as criminal politics. The first section presents the practical problems of the omission, legislative developments and importance. Thereafter, we discuss the doctrinal elaborations as to its nature, its structure and its punishment. In terms of its nature, the omission is analyzed as a form of action, as a way of action and treated as a corresponding action. As for its structure, the omission is viewed from the standpoint of the legal treatment, which requires a deepening of the composition of standard and communicative elements. As for its punishment, contradictory aspects are highlighted regarding the lack of symmetry between empirical and normative structure on the one hand, and the consequences for the breach of duty, on the other. In the second part, formatting is a critical dogmatic conclusion of the whole discussion around the nature, structure and punishment of the omission. It starts from a critical to the dogmatic goals and projects on all fundamental issues involving those crimes. Assertions are made about the typical elements, the illegality and the means rea of omission as well as on the concourse of people and on the execution phases. To streamline the text, attached are treated issues relating to the accumulation of crimes and the reckless offenses. Since the second part is a conclusion of all the critical development of the omission, performed in the first part, were not included conclusive listed topics. The work follows the dialectical method of Holzkamp.