Os crimes omissivos impróprios e seus elementos objetivos à luz do funcionalismo teleológico

Abstract

Improper omission crimes are the centre of modern discussions regarding criminal and legal law dogmatic. Guaranteed duties imposed by the international order, culpable omissions, and large corporative structures motivate such renewed interest. Thus, delimiting the scope and the objective of this thesis. Based on the dogmatic analyses of improper omission crimes, this thesis aims at demonstrating restriction criteria to its imputation, so to state criminal laws essential function as a tool for protecting legal assets. However, the current project dos not intent to make an overview of improper omission crimes, as a manual would. Yet, it means to establish the requirements for an objective and democratic approach into criminal law and its frames, as well as the intrinsic mechanism for assessing the results. The tolerance to omission crimes is but the states mismanagement of the citizens life. It is then of the outmost importance to guarantee a sort of criminal law that provides security.