THE STUDY ON THE APPLICATION OF THE INSTITUTE OF ATTEMPT, ACCOMPLISHED CRIME OR IMPOSSIBLE CRIME IN THE THEFT UNDER SURVEILLANCE

Abstract

In view of the discussion about which institute would apply to the theft practiced with the presence of surveillance apparatuses, it is investigated on which would be the most correct to be applied (attempt, consummate crime or impossible crime), in order to achieve the clarity on the study and the best application to the concrete case. In order to do so, a deepening of the attempt (conatus), consummate crime and impossible crime is necessary, in addition to all theories underlying the applicability of such institutes, the understanding of the main Brazilian courts and the knowledge presented by certain doctrinators on the subject. A research based on the norm, judgments and doctrinal understandings is then carried out. In view of this, it is clear that there has been a great divergence on the subject, but the courts have consolidated a certain conception on the subject, however, there are still inconsistencies between doctrinators, which requires the finding that it is necessary to take the case primarily the definition of which unit will be applied in the most prudent and fair manner possible.