A viabilidade da exigência de representação na ação penal em relação aos crimes patrimoniais, sem violência ou grave ameaça, como imposição da intervenção mínima ao direito penal

Abstract

Currently, it is seen that the role of Criminal Law in protecting legal assets as ultima ratio, is the stage for the necessary debate to change the nature of criminal action in property crimes, without violence or serious threat, from unconditional to conditioned. In this monograph, consultation in articles, doctrines, documents, laws, among others, was used as a methodology. In addition, a comparative data method was used to achieve a more realistic perspective on the subject. In this context, the structure of property crimes was outlined, without violence or serious threat, the modes and reasons for their judicial procedures and the valuation given to the legal asset. From this, the analysis of the modifications and consequences that occurred in the face of the implementation and validity of the anti-crime package, related to the crime of embezzlement, provided for in art. 171 of the Penal Code, as well as the possible legislative inconsistency in changing only one offense of this class. Thus, the legal uncertainty caused by the requirement of representation of the victim restricted only to certain crimes of a patrimonial nature is evident, with no logical explanation for this. The analysis of the problem was, finally, observed in the face of a statistical research, carrying out a survey of data made available mainly by bodies of the Brazilian Judiciary, bringing a practical notion of how the change from the unconditional to conditioned nature in criminal prosecutions related to property crimes , without violence or serious threat, is able to reduce the number of defendants in the Brazilian judicial system.