(A) tipicidade da captação clandestina do sinal de TV por assinatura

Abstract

The research will make an approach on the lawfulness or unlawfulness of illegal capture of pay TV signal, analyzing the historical aspect of punishment and its evolution, from the standpoint of property crimes as well as their principiológicos fundamentals. Discoursing on the typicality or atypical of illegal capture (illicit) of pay TV signal, from the point of view of legality, typicality and adequacy typical. Pointing out the need for punitive claim of the Brazilian state, before the emergence of the third paragraph of Article 155 of the Penal Code. Bringing jurisprudential and doctrinal differences with illegal capture of pay TV signal. Conduct that brings to the Brazilian legal system legal uncertainty. This study seeks to analyze the lack of ethics, which causes damage to suppliers of pay-TV signal, in view of the large number of individuals who enjoy the signal without a corresponding consideration. Showing the inadequacy of civil law to protect the financial damage, needing to run the intervention of criminal law. The results of this study seek to distinguish forms of interpretation and integration, applying them in the criticism of the case law of higher courts and the State Courts.