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The (un)constitutionality of abstract danger offences: The controversial role of criminal law in risk management in modern society

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Book Details
Language
English
Publishers
Our Knowledge Publishing (26 Mar. 2024)
Weight
0.1 KG
Publication Date
26/03/2024
ISBN-10
6207284933
Pages
60 pages
ISBN-13
9786207284931
Dimensions
15 x 0.36 x 22 cm
SKU
9786207284931
Author Name
Pedro Henrique Carinhato e Silva (Author)
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This is an analysis of the legal nature of crimes of abstract danger, which have been used in great profusion by the Brazilian legislature in recent times. These types of offence seek to protect diffuse legal assets, a circumstance that would, in theory, require preventive action by the Criminal Law.

In this sense, crimes of abstract danger aim to prevent damage to the legal asset by presuming - abstractly or concretely - the danger. In view of this, their constitutionality is discussed, especially in relation to the constitutional principle of offensiveness, by analysing doctrine and case law.

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