Crime continuado e naturalidade do ius puniendi estatal: fixação da competência e da atribuição no crime de estelionato previdenciário modalidade saque post mortem.

Abstract

The notions of the “Natural Prosecuting” (literal translation of Promotor Natural) and the “Natural Judge” (literal translation of Juiz Natural), when settling the prefixation in attribution law for the proceeding of jurisdiction for judgment of some fact a priori, stood as an offender objectify safeguard the practice of state’s ius puniendi’s impartiality. As far as continuous crimes are concerned, multiplicity criminal behavior with similar way of executing, place and time that the Brazilian legislator, by political-criminal option, reported as an single crime, the attribution and jurisdiction for the operation is fixed by the caution. Nevertheless, in some cases, this presented method consists of some incongruences, once that in front of the noticia criminis, in the lack of caution and the comedown of the accomplished being necessary, by the existence of a legal lacuna, there would be the government agent judgment in deciding for who the process or processing is going to be sent, injuring the taxing, legally established. In this regard, the analysis, not only of the mentioned notion resulting from the appropriate legal process for the description of its injury, but also of the explanation regarding the continues crime institute in Brazil and the using of the social security larceny crime (171 article §3, of the criminal code), in its withdrawn modality post mortem as a fundamental example of the question addressed; is required.