Responsibility Crime: Criminal or Constitutional Offense

Abstract

Brazil has been undergoing major changes in its policy, leading its population to become more involved in government issues. Brazilians have frequently observed the conduct of their representatives and frequently identified the responsibility crime, which is carried out by political agents. The present work aims to analyze and present a brief discussion about the crimes of responsibility and to identify as a criminal infraction or just a constitutional infraction in face of several positions found in the Brazilian legal system, including the position of the Supreme Federal Court. To this end, bibliographic research was carried out on books, articles, normative provisions, summaries and laws present in Brazilian legislation, in order to present the concept of responsibility crime, its applicability in criminal law with the Superior Federal Court binding legal precedent46 and identify a position through its possible punishments, whether such a crime falls within the criminal or constitutional scope. The denomination responsibility crime emerged as a way to reduce criminality in Brazilian politics, committed by those who represent us so much, the political agents. The identification of this crime, which can be reported by any citizen, in imperative to prevent and even combat the unwanted associations of those who represent us. According to the consulted bibliographic, the crimes of responsibility are nothing more than administrative irregularities of a political nature, in which their punishments does not affect the freedom of the agents who practiced them, not configuring a criminal offense, but rather a constitutional offense.