Tipicidade penal na transmissão dolosa do HIV
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Date
2020-12-21
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Universidade Católica do Salvador
Abstract
With the outbreak of HIV, as of the 1980s, there were demands thatwent
beyond medicine, reaching the law, especially with regard to the intentional transmission
of HIV. This research is not only the target of legal operators, but also of all those who
are interested in the subject or who felt wronged and are unaware that this contagion is
a crime. The work aims to deal with the doctrinal discussion about criminal classification
in the intentional transmission of HIV. In the methodological path of this article, part of
the indoctrinators understood that the malicious transmission is about bodily injury or
danger of contagion of serious illness and the majority doctrine understands that it refers
to the attempted homicide. The result found is that over time there have been changes
in typification. However, the author understands that intentional homicide is the
intentional transmission of HIV.
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Keywords
Tipicidade penal, HIV, Responsabilidade penal, Dolo, Typicality, Criminal responsibility, Penal type