A adequação do crime caracterizado como “novo cangaço” dentro do Código Penal Brasileiro.

Abstract

The work aims to analyze a new modality of crime known as "new cangaço", which it has been gaining great repercussion in Brazil, in relation to property crimes, using old procedures, based on the old cangaceiros who acted in the Northeast of Brazil. The theme was: "The adequacy of crime characterized as 'new cangaço' within the Brazilian Penal Code." For this, the study was guided by the following objectives: to study the emergence of the phenomenon called 'cangaço' at the end of the century XIX and early XX century, under the best known and remarkable cangaceiro, Virgulino Ferreira da Silva, the Lampião; to analyze the figure of the 'new cangaço' nowadays, with the variations of the modo operandi of the procedures adopted by the new cangaceiros; to annalyze the crimes against property and its peculiarities within the framework of the Brazilian Penal Code and the changes brought by current legislation; tracing the prevailing doctrinal currents that deal with crimes of robbery and / or theft of financial and similar institutions; as well as to evaluate the changes made by Law No. 13.645 / 18 for robbery and theft crimes, with implications for Brazilian society. For this, the deductive and bibliographic method was used, they are research in doctrines, jurisprudence, scientific articles, normative species and the Brazilian Penal Code from 1940. It should be pointed out that the theme is relevant, since it is a growing crime modality that produces damages to property and high public safety, in addition to the very serious social effects. At the end of the research, there was confirmation of the problematic and the hypothesis elaborated, they are: problem - Will the adequacy of the current legislation be able to stop the crimes characterized as' new cangaço’? Hypothesis: No, considering that the current legislation makes the penalty of those who practice this kind of crime more lenient.