Crime de roubo com resultado morte: uma análise sobre a existência de concurso formal de crimes quando da ocorrência de mais de um resultado morte.

Abstract

The present monograph has as general objective the (im) possibility of the formal contest of crimes when the consequence of more than one death result in the crime of robbery, since the discussion gives rise to two doctrinal and jurisprudential positions on what is disposed in article 157 , §3, of the Brazilian Penal Code. The first chapter deals with the criminal and constitutional principles that are contained within the crime of robbery resulting in death, pointing out the conceptual importance present in each one, in order to bring them to the other concrete cases of Brazilian society. In the second chapter, an analysis is made of the legal nature of the robbery as well as the active and passive subjects of the crime in question, always proposing a more concrete and grounded discussion on the subject. In the third chapter, the possibility or not of the said formal contest of crime when the consequence of the robbery is demonstrated, although there are opposing positions and in favor of this possibility. To achieve the general objective, the deductive approach method was used, exhausting all the generalities related to the crime of robbery resulting in death. In addition, the historical-evolutionary methods and the monographic as method of procedure will be used, as well as bibliographical and documentary research as a research technique.