The crime of violating health emergency rule during a pandemic in Brazil

• Heron Gordilho ^[1] ; Ester Gondim ^[1]
  1. [1] Universidade Federal da Bahia

     Universidade Federal da Bahia

     Brasil

     
• Localización: Cadernos de dereito actual, ISSN-e 2386-5229, ISSN 2340-860X, Nº. 13, 2020, págs. 70-79
• Idioma: inglés
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• Resumen

  • This article analyzes the misdemeanor of violating public authorities’ rule aimed at preventing the spread of contagious disease, as provided in the Brazilian Penal Code, Article 268. Using the hermeneutic method, this article demonstrates that although being a crime of abstract danger, this criminal offense does not violate the harm principle, for principles are commandments of optimization and cannot prevent Criminal Law from anticipating facts in order to avoid or reduce damage to public safety, which, in this case, is the spread of an epidemic. Finally, it demonstrates that the criminal norm is described in an objective and determinable way, allowing anyone to clearly identify the conduct that is prohibited. Therefore, there is no need to discuss any violation to the legality principle.