Dissertação de Mestrado
O consentimento do ofendido na teoria do delito
Fecha
2014-02-06Autor
Sheyla Cristina da Silva Starling
Institución
Resumen
The present work aims analyzing the consent of the victim in the framework of Theory of Crime. We begin by addressing the treatment of the institute in the Brazilian legislation, since the Empire's Criminal Code to the present day. Then we move to the exposure of foreign law that deals expressly with the subject. In the next chapter, we discuss the legal nature of the institute, proposing that always acts as a cause for xclusion from criminal typicality. After we bring the requirements of validity of consent, debating in more depth the issue of availability of legal interest. Finally, we expose the procedural effects that consent may entail.