Análise da Súmula 582 do Superior Tribunal de Justiça sob a ótica da teoria geral do delito

• Autor(a) principal: Abreu, Hellen Silva de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6199
• topic: Delito-teoria; Súmula; Superior Tribunal de Justiça

The present work has as object to promote a review of the 582 Cutlery from the Superior Court of Justice under the optics of the general crime theory. The research assumes the exploratory level, since it allows the familiarization with the study object through the variables identification and association. As to the approach, it is classified as qualitative, inasmuch it was made a study of themes approached by the law books and jurisprudence, by means of a subjective and inductive analysis. Due to the procedure of data collect, the research is characterized as bibliographic, according as it has as base secondary sources, such as books and articles; besides, it is also characterizing as documental, as it also has as base documents from primary sources, as law and jurisprudence. The adopted search technics is the analysis of bibliography and documents from the identification and location of the sources and selection of the subject, analytical and interpretive reading, and, lastly, the digest and note taking. The reached results indicate that the Cutlery 582 from the Superior Court of Justice is not supported by the general crime theory adopted by the Brazilian criminal law, since it opposes to the inherent characteristics of the robbery crime, does not observes the legality, minimal intervention and lesivity/ offense principles, and destroys the hypothesis of attempted proper robbery crime. The conclusion is in the sense that it is more appropriate the application of the theory that defends the need of taking away the object from the victim’s sphere of surveillance and it’s meek and peaceful possession by the agent for consummation of the robbery crime, otherwise it will be configured only the attempt.