The nature of legal ofendículos and its implications in criminal law

Abstract

This research it is a study of the Institute of Ofendículos, glimpsed the correct correlation of criminal law, with emphasis on its legal nature. While reading this research will be presented in detail, fundamental issues of criminal law, as the theory of the crime, the kinds of criminal illegality existing in the legal system as well as the species of defenses, ie exclusive of illegality or antijuricidade and, last, the Institute of Ofendículos peculiarities in the face of the excluding wrongfulness. One glimpses resolve the issues giving rise doctrinal disagreements of this institute, now claiming the recognition of a Self Defense, now claiming the recognition of the right of Regular Exercise, and there is a merger of the two grounds of justification, called by those who defend as Hybrid Theory of Legal Nature of Ofendículos. With every search, you can understand for what reason the Ofendículos best presented as a Regular Exercise of law and, in addition, a study will be presented regarding the criminal atypical owner in the face of injury to the third intruder caused by harmful potential of Ofendículos installed on heritage, this possibility so far not found in the doctrines surveyed for this research.