A legitimidade do uso de crimes de perigo para proteger bens jurídicos essenciais à segurança

Abstract

Globalization is a complex and transformative phenomenon. Social relationships have become more intense and interdependent. In this scenario, a single action can cause a ripple effect, generating unforeseen repercussions. Such effects can potentially impact an undetermined amount of people and entities. As a consequence of this social evolution, risks have taken a global proportion, which generates a widespread sentiment of insecurity. When dealing with National Security issues, confidentiality and security are essential to maintain order and social peace. In response to the new challenges arising from the global risk society, there has been a significant increase of legislation incriminating actions that are considered dangerous to National Security. In other words, in such cases, the law does not require actual damages for the action to be punished as a crime; the mere creation of danger is sufficient for the action to be considered a crime. This present study analyzes if such “crimes of danger” are a legitimate method to protect issues of National Security, especially when confronted with constitutional guarantees. The method adopted includes an analysis of constitutional principles, legal doctrine and previous court decisions pertaining to such a controversial criminal instrument. The conclusion indicates that “crimes of danger” are a legitimate method to repress dangerous actions in matters of National Security, as long as constitutional principles and guarantees are observed when applying the law to a concrete case.