Análise sobre a aplicabilidade do crime continuado aos crimes cometidos contra a vida

Abstract

The present work analyzes the continuous crime, with emphasis in their aspects controverted in the doctrine and in the jurisprudence mainly with regard to his applicability to the crimes committed against the life. For so much, it analyzes their concepts, historical origin and evolution. Offering a notion of the contest of crimes whose species are the formal contest, the material contest and the continuous crime, which it is main object of this study. The application of the feather, in those cases, it can adopt several systems: the one of the absorption, of the material heap, of the juridical heap and the one of the exasperation. To the continuous crime, in Brazil, as species of contest of crimes, the system of the exasperation is applied. Being treated of common crime, if identical the crimes, only one feather is applied and if different the crimes, the feather of the most serious, in both cases increased of a quantitative variable established in law. As for the specific crime, he foresees the legislator possibility of more severe apenação. In that context it is that an analysis of the applicability is intended from the institute to the crimes against the life which will not receive a treatment of the common crime but of the specific crime due to his gravity, so that the fair and proportional feather is applied to the committed crime, being looked for to reach the central objective ofthe Penal Right, that it is the protection of the more relevant juridical goods, as well as to supply the longings of the society in the repression ofthe criminality.