Pistoling in the field: the mediate author in the defendant's seat and his punishment in face of the theory of the domain of the fact

Abstract

Article 29, of the Penal Code, does not objectively differentiate immediate and mediate author, leaving it up to the Criminal Law manuals to promote their distinctions, and demonstrate their form of configuration. And this, in the context of crimes of homicide perpetrated through the action of a principal and an executor, exposes the weaknesses of a criminal system aimed at promoting justice and social pacification. In this sense, the objective was to analyze the criminal law related to indicating the conduct, in the context of the contest of people, of authors (direct and indirect), participants, co-authors and, strictly, to understand if it is possible to use the domain theory of the fact to propitiate the split between direct and indirect author referring to pistol shooting in the field. In this way, it made use of the bibliographical methodology, supported by books and the Repressive Criminal Diploma. It was verified the existence of several theories discussing the present approach, without, however, solving the exposed problem. And, added to that, the theory of the dominance of the fact does not apply to all cases involving the action of a principal and an executor, demonstrating the need to improve the Penal Code.