Participação por consultoria jurídica no direito penal brasileiro

• Autor(a) principal: Reis, Luís Guilherme Ferrante Vieira Scherma
• Data de Publicação: 2022
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/19075
• topic: Criminal Law; Criminal liability; Legal counseling; Direito Penal; Participação criminal; Consultoria jurídica; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL

The objective of the present work is to present limits to the possible criminal liability that follows a legal counseling, both to the lawyer and his client, according to the Brazilian criminal law. Therefore, it will be necessary, initially, to introduce the questions concerning the rules that defines when a person is an author of an offense and when he is merely an accomplice of such offense; then the study will visit the historical meaning attributed to the act of counseling in the Brazilian criminal law. Then, it will be explained the work’s methodological choice of narrowing its scope to legal counseling. This study will present what is understood as strict legal counseling and, by doing so, will separate this activity from others legal practice activities that may also bring cause criminal liability. According to the Brazilian criminal law, it will be presumed that between the counselor – who provides a legal opinion – and the consultant – who solicits the legal counseling – there is, as a rule, a possible criminal liability under the category of instigação (inducement). Then, this study will analyze the possible criminal liability of both the counselor and the consultant, by offering questions of typicity, justification and culpability concerning each of those agents. Lastly, there will be proposed criteria to distinguish lawful legal counseling from unlawful legal counseling, based on the deontological standards of advocacy in Brazil and on contributions provided by theories of legal interpretation.