Análise acerca da teoria do domínio do fato e sua compatibilidade com o ordenamento jurídico Brasileiro.

Abstract

The Brazilian Penal Code, article 29, adopted the unitary theory, based on an extensive concept of the author, who claims to be the author everyone who contributes to the crime. Consequently, laid in to doctrine studies in order to distinguish the author of participant. Since then, theories have been created and imported into our legal system, one being of the Fact Domain, which preaches, being the author who has dominion over the fact, having been designed on the basis of a separating system which is based on a restrictive concept of authorship, in which author and participant are explicitly differentiated. Because of these characteristics employed by theory, jurisprudence began to use it in its decisions. However, as the theory was seated on a restrictive concept of the author, while the Brazilian Penal Code in an extensive concept of author, arises the question whether such a theory is consistent with our legal system. With this reference, this paper aims to conduct a study on the possibility of Fact Domain theory be compatible with our legal system, which will be developed through academic consultations and the doctrinal and jurisprudential among others. It is used the deductive method of approach. The analysis on the subject provided learning, contributing to the better understanding of the institutions of the concourse of people and authorship, as well as providing a better understanding goes the Fact Domain theory. Concluding for the (in) compatibility of the theory, and making notes on possible forms of adaptation to the Brazilian legal system.