Tipificação do latrocínio em face do princípio da proporcionalidade:uma análise jurídica

Abstract

Crime involves society and has repercussions on the law, especially criminal law, a central and essential subject in the criminal sciences, and it became a first-rate urgency in the production of discussions in the social environment. It is up to the jurist who is confronted with the problem to discuss exits and create clues so that in a frank and open debate he can offer means to reduce, or last analysis, to solve the problem posed by criminality. It is imperative that a critical and purposeful view of the legal order is made, as well as the influence of criminality on society. In the field of Criminal Law this influence is clear and clear with dramatic and circumstantial contours, since this branch of Law tends to regulate and seek to protect the juridical goods most relevant to societies, typifying conduct and creating devices that will have direct consequences in social life . In this measure, the theme addressed in this study is of relevance to social interaction, giving a different approach to the crime of robbery, in order to promote a development of knowledge and dictates of this crime and its consequences for the regulation of social life. In the present work, the circumstances and nuances that the differential treatment given to crimes of robbery and homicide can bring to the national criminal legal system are problematized. Using the bibliographic method, the research aims to analyze legally, in the light of the Principle of Proportionality, because the crimes of homicide and robbery, although they attack against the same good, life, are treated in different ways by the Brazilian legal system. Justifying the subject raised in the research due to possible injustices practiced when the concrete case is subsumed the norm, as well as the failure puts at risk the stability of the national sanctioning system.