Scientific criticism of “Non traditional legitimation for criminal action”: Public Defender`s Office and the custody of rights by means of Criminal Law – one refuse

• Autor(a) principal: Cacicedo, Patrick
• Data de Publicação: 2017
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/35
• topic: Scientific Criticism; Public Defender`s Office; Juridical good; Criminal Action; Human Rights; Crítica científica; Defensoria Pública; Bem Jurídico; Ação Penal; Direitos Humanos.

In “Non tradicional legitimation for criminal action – legal protection of goods from other public institutions”, Franklyn Roger Alves Silva examines the question of the legitimacy of criminal action in the case of crimes with undetermined taxable person and proposes the recognition of a supplementary legitimization of other Public institutions (such as the Public Defender's Office) to promote the criminal action of such crimes when there is inertia of the Public Prosecutor's Office. The analysis carried out in this scientific critique reveals a concern with the direction of the Public Defender in the criminal sphere, which, by showing itself incapable of protecting legal assets through criminal law, can become another agent of the State's punitive power, consequent reproduction of social inequalities and violation of human life and dignity, precisely the reverse of the idea that motivated its constitution as a mechanism for defending the human rights of the vulnerable.