Inconstitucionalidade dos crimes de perigo abstrato em face do Princípio da Ofensividade

Abstract

The work focuses on the historical context in which the risk society was founded and, consequently, the need to anticipate criminal protection in crimes of abstract danger, acting as one of the instruments of risk management. Crimes of abstract danger have always been present in Classical Penal Law. However, with modernity and advances in technology, the typical figures of dangerousness have gained prominence in criminal science. Thus, it is essential to create mechanisms so that crimes of abstract danger do not detract from the individual guarantees of the citizen and the foundations of the Democratic State of Law. It is from this perspective that the work will address cases where abstract danger crimes are unconstitutional in the face of the principle of offensiveness.