Responsabilização criminal de praticantes de krav magá: consequências do emprego das técnicas sob o prisma dos crimes de excesso de legítima defesa, lesão corporal e homicídio

Abstract

The present study aims the appreciation of the possibility of a harder penal punishment for the crimes of exceeded self-defense, bodily harm and homicide, perpetrated by practitioners of Krav Maga, who possess the responsibility of having more self-control due to the knowledge of the efficiency of their techniques and the damage they are able to cause. The theme is relevant since there aren’t any studies in regards to a distinct criminal responsibility to be attributed to the practitioners of this modality of self-defense, as well as any jurisprudence about the subject matter. Because of this, we utilized the deductive research method, since we analyzed the jurisprudence of Brazilian Courts of Justice allusive to the criminal accountability of martial arts practitioners, in addition to doctrinal positionings over the topic, to establish a parallel between the conclusions obtained in these fonts of research and the application, in real cases, of the correct penal responsibility fit for the practitioners of Krav Maga. Therefore, we were able to reach the conclusion that the criminal accountability of these practitioners must occur in a more rigorous manner, even if it is unprovable of a student to misrepresent the philosophy of Krav Maga, throughout the application of preexisting legal norms.