Bem jurídico-penal coletivo no estado social e democrático de direito : direito fundamental para todos e não para poucos

Abstract

The present master’s dissertation, linked to the research line “Human and Fundamental Rights” of the Graduate Program in Law at the Federal University of Mato Grosso, focuses on the possibility of penal protection for collective criminal-legal interest. The current stage of society is classified as a risk society, inasmuch as a result of scientific and technological advances, as well as the phenomenon of globalization, among other factors, favor the emergence of new dangers to which people feel threatened. These dangers affect the entire community, causing social harm to the environment, the consumer relations, the public health, the public administration and the economy. In this way, new rights are raised that are aimed at protecting collective interests. However, the canons of Criminal Law were built in the nineteenth century having as a factual premise the protection of life, liberty and property of the person, protection of individual assets, they are not prepared to face these new forms of criminality. In Criminal Dogmatic, the proposed theme is quite questionable, as it apparently would not be reconciled with the classic criminal axioms (e.g. principle of minimal intervention, of offense, exclusive protection of legal interest, etc.), raising doubts about the legitimacy of Criminal Law for these new guardianships. In this way, taking into account that the collective legal interest has less visible contours and a more abstract content, as well as that more and more legal interest of this nature have been postulated as a basis for new incriminations, the research sought to examine the foundations of its legitimacy, its own characteristics and its capacity to implement, in order to verify if its protection by Criminal Law is valid. The research, using extensive bibliographical research and deductive reasoning, begins with the history of the concept of the legal interest protected by criminal law, from its emergence until the present day. Afterwards, we tried to demonstrate the constitutional legitimacy of the Criminal Law, analyzing the constitutional penal principles, passing through the criminalization warrants. Next, the conception of the collective criminal legal interest, its main characteristics and questions about its existence were addressed, but specifically with regard to the principle of minimum intervention and the crimes of abstract expert.