A relação entre tipicidade e ilicitude no injusto penal e no ordenamento jurídico brasileiro: elementos de valoração global do fato e erro a partir da lei n.º 13.869 de 2019

Abstract

The present work deals with the theme of the relationship between typicality and illegality in the criminal-legal system, especially from the perspective of the elements of global valuation of the fact, in order to guarantee taxativity and criminal legality. The monograph aims to analyze these elements of global valuation of the fact within the scope of Law no. 13,869 of 2019, in order to give concreteness to its provisions and allow an application consistent with the dictates of legality, taxation, protection of legal assets and fundamental rights. For this, the literature review and the deductive method were used. It is understood that from the relation of typicality and illegality, as well as from a conceptual delimitation of the elements of global assessment of the fact, there is the possibility of greater taxativeness of the criminal types that could be considered as obscure or too open, thus avoiding insecurity legal. Thus, this research concludes that Law no. 13,869 of 2019, despite presenting normative elements that, at first glance, are too open, can receive an appropriate dogmatic-conceptual delimitation from the Theory of Elements of Global Valuation of the Fact, allowing to reach the minimum required taxativeness.