Name: DANIEL FERREIRA DE MELO BELCHIOR
Publication date: 25/04/2022
Advisor:
Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| RICARDO GUEIROS BERNARDES DIAS | Advisor * |
Summary: The dissertation has as main objective the deepening of the theme
involving the criminal responsibility of the leaders of Criminal
Organizations focused on drug trafficking for the practice of homicides,
analyzing, dogmatically, the legal feasibility of that claim. With the
development of organized crime, it appears that the accountability of leaders
of criminal organizations together with the executioners for the practice of
homicides still reveals itself to be troubled in the doctrinal and
jurisprudential planes, mainly due to the opposition between the application
of the Theory of the Fact´s Domain and the classical theoretical model of
Concourse of People´s as conceived in the Penal Code. In this sense, the
study is also directed to examine the formation of the link between the
figure of the leader and the criminal conduct that one wants to impute
against him. Given the specificity of these cases, the construction of
evidence, given its complexity, requires an analysis of the performance of
criminal investigation, criminal prosecution and criminal judgement bodies.
In order to do so, at the pre-procedural and procedural level, the
constitutional and principled assumptions for the attribution of criminal
responsibility to these leaders are explored, considering the role of each of
the bodies involved in the criminal system (Judiciary Police, District
Attorney and Judiciary).
