RODRIGUES, P. E. D.; http://lattes.cnpq.br/5812181161778556; RODRIGUES, Pedro Eugênio Damião.
Résumé:
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.
