Brazil’s legal system is a civil law legal system, meaning that jurisprudence and precedent are less important than the interpretation law as written. However, there are a number of principles of jurisprudence enshrined in the Brazilian Criminal Codes as well as other laws.
One such issue is the distinction between crimes of danger versus crimes of damage in Brazilian criminal law. The law considers crimes of danger to be those which involve creating a perilous situation for a person or to property, whether a person intended to create harm or not. These crimes can be compared to those crimes in common law which do not require specific intent, also known as strict liability.
Crimes of danger can be further subdivided into abstract and concrete crimes. In concrete cases, the state must prove that a real danger existed for a crime to have been committed. On the other hand, in abstract crimes of danger, this state of danger is already assumed the court.
Crimes of damage, on the other hand, take into consideration the state of mind of the defendant. In order to be guilty of murder, theft, or battery, for example, you must have intended to cause harm to a person or their property.
Attorney Ricardo Tosto has been practicing law in Sao Paulo for over 25 years. A graduate of one of Sao Paulo’s top law programs, Ricardo Tosto is well known as one of the country’s best litigators.
Ricardo Tosto fascinated by the law and practices in a number of areas, including criminal and election law. In addition, Ricardo Tosto is a co-founder of a Brazilian foundation for the study of electoral law and frequently publishes on legal topics in scholarly journals. Ricardo Tosto also enjoys mentoring new lawyers and helped many aspiring attorneys launch their careers.