A Corresponsabilidade do Estado pelos linchamentos: a omissão como elemento da falsa legitimação da violência

Abstract

Taking as its starting point the occurrences of lynchings in the country observable in recent years, and the whole discussion that this phenomenon brings with it, this article, by examining the legal matters, doctrinal, legal, jurisprudential and sociological relevant and incidence in that phenomenon, analyzes the lynchings of historical and conceptual way and present the reasons why such practices should be seen as illegitimate and unfair. From this, it presents the reasons for the State to be the legitimate entity to promote social peace, indicating the means to do so have, to then present as their omission behavior to comply with its duty to promote public safety and social peace is one of the many rises factors of lynchings. Thus, it’s possible to conclude that the State should be considered one of the coresponsible for these crimes, should therefore repair the damage arising from its non-unlawful action.