CRIMES UNDERSTANDING BY THE NOTION OF OBSTRUCTION OF JUSTICE: AN APPROACH BASED ON THE VITAL LEGAL GOOD

• DOI: 10.22533/at.ed.21621422220710

• Palavras-chave: Obstruction of justice. Vital legal asset. Law 12,850/2013. Guardianship of investigations.

• Keywords: Obstruction of justice. Vital legal asset. Law 12,850/2013. Guardianship of investigations.

• Abstract:

  This article aims to investigate the crimes included in the notion of “obstruction of justice”, notably in the Brazilian Penal Code and in the Criminal Organizations Law, in response to movements on a global scale, such as the United Nations Convention against Transnational Organized Crime. Considering the necessary definition of clear and strict limits to the incriminating criminal rules relevant to the matter, it is asked: "How to remove from other crimes against the administration of justice the prohibition of 'obstruction of justice' provided for in Law 12.850/13, in view of the vagueness and breadth of your writing? It is assumed that an interpretation of the criminal law oriented towards the protection of legal interests based on ethical-social values ​​and, therefore, vital, can offer the conditions to delimit the content of the prohibition of conducts aimed at the obstruction of justice. In this sense, the identification of the vital legal asset is carried out from the evaluation of the normative elements present in the legal types of crimes against the administration of justice of the Penal Code. In another turn, the study seeks to investigate the conduct that contradicts the scale of values ​​that underlie the prohibition described in the legal type provided for in Law 12.850/13, focusing on the recognition of criminal protection for the purpose of guaranteeing the criminal investigation. Finally, the methodology, based on the ethical-social values ​​of penal normativity, will be able to present the particularities of each offensive conduct to the administration of justice.

• Número de páginas: 10