Os crimes de perigo abstrato no âmbito da legislação penal brasileira

Abstract

Modern criminal law, on the threshold of risk society, seeks more and more for a balance between protection of legal assets, the protective function of society it has as well as the respect between citizen s fundamental rights and guarantees. There is no society without crime and no just and pacific society without the necessary sanctions for these crimes so that living in peace and harmony is possible. Thus, criminal law is legitimate to intervene on the grounds of citizens legal assets guardianship, through its peaceful function, when the harm caused by it is smaller than the agent s harm to society. The emergency for certain legal assets protection, in which the harm caused is unbearable to the victim and to society as a whole, requires a special protection provided by criminal law, such as an anticipated one, so this harm does not come to be and the legal assets remains on a realm of security. By using the image of crimes of abstract danger, the protection of the most important legal assets life, physical integrity, heritage, social peace -, before its annulment through the act of crime, becomes possible. Faced with this juridical reality, crimes of abstract danger will be discussed and analysed, by developing its theoretical and related to principles elements, elementary structure and its application in Brazilian criminal legislation.