Da (in)constitucionalidade dos crimes de perigo abstrato: uma análise principiológica acerca do crime de desenvolvimento clandestino de atividades de telecomunicação

Abstract

The Brazilian criminal legal system provides for several ways in which the individual can carry out a crime, classifying crimes according to the need to produce their results, among others. Among the possible classifications for the offenses is the one that establishes the crimes of danger, being those that are consummated with the possibility of damage or with the simple danger of damage to the protected legal property. As a result, the federal homeland law legislator, in projecting crimes in our law that may not actually constitute an injury to property, may come to harm certain constitutional penal principles, incurring possible unconstitutionality. Thus, the present work seeks to establish the possible (in) constitutionality of crimes of abstract danger in the light of constitutional principles informing Brazilian Criminal Law.