A materialidade do crime de homicídio sem corpo

Abstract

This article aims to evaluate the possibility of criminal responsibility in homicide’s cases when it is impossible to execute a forensic examination on the victim's body. The objective is to develop a plausible legal solution with the guarantees and, mainly, the requirements of the Rule of Law. In this sense, the article will start with the explanation of the concept of fundamental rights, as well as the requirement for the State to protect those rights through criminal jurisdiction. Thus, the present study will follow the doctrine of ―prohibition of insufficient protection‖ or ―prohibition of insufficient protection‖. Then, the evolution of the probationer question in the systems of criminal prosecution will be analyzed, indicating the main characteristics of each one of them, highlighting the evidence of the materiality of the crimes. Finally, we move on to the study of legal and constitutional guidelines on the proof of the crime of homicide, emphasizing doctrinal and legal positions about the possibilities of executing the criminal procedure even without a corpse. In conclusion, it is possible to convict the accused in crimes of homicide, even though the corpse is absent, through a probationer production that proves the authorship and materiality, provided that it respects the guarantees of the due investigation procedure.