Right to freedom :
controversies on the forecast of escape as an administrative violation
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Escape; administrative violation; criminal enforcement; harmfulness; state of need.Abstract
This study aims to investigate the legitimacy of escape as an administrative violation in Brazilian Criminal Law. This shall break up by an equalization of the disciplinary offense as a crime, since, in both cases, we can identify the “punitive model”. From there, we will outline the escape to two basic dogmatic categories: the “harmfulness” and the illegality of the conduct. In the first case, the investigation will focus on the measurement mechanisms (potential and actual) of injury committed against the “Administration of Justice”. In the alternative, the issue will focus on the “state of necessity” as a “legitimating situation” always identifiable in the escape from prison.
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