Commissive crimes by omission - improper, impure or promiscuous omissive crimes: practical consequences to the guarantor.

Abstract

The general objective of this article is to share the results of a study that aimed to understand the particularities of crimes of omission in scenarios of guaranteed responsibility. In addition, the specific objective is to investigate the dynamics of improper omission crimes and to evaluate the way in which criminal responsibility is imputed to the figure of the guarantor, someone entrusted with the duty of care, protection or supervision, when his inaction results in the consummation of the crime. The methodology adopted in the study consists of the case study method, a research approach, which uses the collection of qualitative data from real events, to investigate the perception of improper omissive crime. It was classified as descriptive and adopted a qualitative approach, using primary sources such as laws and interview responses. The central questioning of the article involves the dynamics of criminal liability in cases of crimes of omission, focusing on the role of the guarantor and its relationship with duties of care and protection. The results indicated that, although the guarantor's initial perception is that the guarantor is in a victim position, other factors prevail over this perceived threat, including financial and emotional dependence and the fear of breaking up the relationship, such as divorce in the marital case. Even if involuntarily, a choice was identified that characterizes intent in the crime, positioning the guarantor as a co-participant, according to national judicial decisions.