A reparação do dano à luz da criminologia crítica: uma análise de sua aplicação nos crimes tributários e no crime de furto

Abstract

There are countless examples brought from the Brazilian legal system that demonstrate the selectivity and partiality of the criminal justice system. Among them, there is a difference in treatment, when, in the case of the crime of theft, it is returned the thing or repaired the damage to the victim until the moment of receipt of the denunciation or complaint, and when, in cases of crimes against the tax order, there is the full payment of the agent's debt. In the first case, there is the incidence of subsequent repentance, provided for in art. 16 of the Penal Code, which is a cause of reduction from 1/3 to 2/3 of the offender's penalty if there is compliance of the assumptions listed in the device. The agents who commit crimes against the tax order may have the punishment extinguished - loss of claim punitive action by the State – in the case of full payment of debts. from Critical Criminology, a criminological perspective that understands crime not as a given fact, but inserts it, together with the criminalization processes, within capitalist and unequal society, it is understood that the class difference, in this context, also ends up leading to an inequality of performance of the system of justice within each of them, according to the power they hold. In that sense, the crime of theft and crimes against the tax order, despite the similarities, are treated unequally on account of the classes that mostly commit them: while theft is mostly committed by poorer individuals, crimes against the tax order are mostly committed by the ruling class