Open AccessATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?
Author(s) -
Débora Aparecida Mafra Moras,
Danielle Yurie Moura da Silva
Publication year - 2018
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2018.v02.nesp2.s0273
Subject(s) - jurisprudence , interpretation (philosophy) , legislation , state (computer science) , subject (documents) , irrational number , action (physics) , political science , frame (networking) , law , law and economics , sociology , criminology , philosophy , computer science , mathematics , telecommunications , linguistics , physics , geometry , algorithm , quantum mechanics , library science
t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionarycause of illegality. And, in this sense, the State that is not able to be present at all timesguarantees the victim the right to evade or even defend himself from aggression. However, somesituations may characterize an apparent conflict of norms, making it difficult to frame the correctinstitute in fact. One such case is the dog attack, making the subject a state of necessity andlegitimate self- defense essential. The method applied was the legal deductive, based on theinterpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of anirrational animal can be characterized as a state of necessity or self- defense, which will depend onthe recognition of human action or not, an analysis that should be carried out in the concrete case