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Improper omissive delicts and the guarantor position: the omissive causality and the problem of the police officer

Grant number: 12/08183-4
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): August 01, 2012
Effective date (End): July 31, 2013
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Eduardo Saad Diniz
Grantee:Gabriela Bezerra Pucci
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This research intends to deepen the studies of improper omissive offenses related to the position of guarantor of the police officer. In theory, the police officer is attributed the obligation of protecting individuals, to ensure the safety and maintenance of public order, linked to the obligation to prevent or stop criminal practices. Criminal law emerges as a powerful tool for the rationalization of police activities, and, in addition to restrain the abuses of ostensible control, the problem specifically arises when, because of substantial omission, infringes their essential quality of the guarantor and exposes the society to danger. Regarding different doctrinal understandings (and comparative perspectives) on the use of the role of guarantor and specific cases of improper omissive offenses involving police officers, an assimilation to the omission of acting can be discussed, extending the debate from the issue of causality omission to the responsibility of the police officer, gated in those cases where its intervention is relevant to the change of events, specifying the allocation of responsibility as the author of the offense or only on the condition of participant. (AU)

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