(Im) possibilidade de reconhecimento do furto famélico ao acusado reincidente

• Autor(a) principal: Monteiro, Mariangela Leopoldo
• 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/5618
• topic: Furto famélico; Estado de necessidade; Princípio da insignificância

The objective of the present study is to analyze the (im) possibility of recognition of the stolen theft institute for the recidivist accused, since, when analyzed from the point of view of necessity, its application is independent of recidivism, since it is a proper institute with particular characteristics, and, in another north, when it is analyzed as a subsidiary to the principle of insignificance, its applicability goes against recurrence. Thus, this work was developed through bibliographical and documentary research, using the method of deductive approach. This work contemplates five chapters, with the first one as introduction. The second chapter discusses the theory of crime and the aspects pertinent to the elaboration of this work, focusing on the state of necessity. The third chapter deals with the theft in kind, its characteristics and unfolding. The fourth chapter addresses the central theme, dealing with starvation and its relation to the state of necessity and the principle of insignificance, and its recognition in the face of the recidivism of the agent. Finally, the fifth chapter deals with the conclusion, where one can perceive the possibility of recognition of the starving theft of the accused, because it is a criminal figure that falls into a state of necessity, and its application is independent of recidivism.