Commentary on Judgment No. 17494 of 2022: Intent and Devastation in Criminal Law
The judgment No. 17494 of November 29, 2022, issued by the Court of Cassation, offers an important reflection on the configurability of intent in relation to the crime of devastation, as provided for by Article 419 of the Penal Code. This article aims to delve into the main aspects of this ruling, analyzing the legal implications and the necessary requirements for the existence of intent in the context of crimes against public order.
Intent in the Crime of Devastation
The crime of devastation is configured when an individual destroys or damages others' property in a context of violence or disorder. The Court, in its ruling, clarifies that for the configurability of intent, it is necessary that the agent not only represents and desires their destructive conduct but also acts knowingly despite the perception that this conduct represents an efficient co-cause of the harmful event. In other words, the agent must have full awareness of the seriousness and consequences of their actions.
Subjective element - Intent - Content. In the context of the crime of devastation, for the configurability of intent, it is necessary that the agent, in addition to representing and wanting their destructive conduct, acts despite the perception that this conduct poses as an efficient co-cause of the event.
This legal maxim highlights two fundamental aspects: the mental representation and the will of the agent. It is essential that the accused is aware of what they are doing and of the consequences of their actions. Such awareness must be accompanied by the will to proceed despite the awareness of potential damage.
Regulatory and Jurisprudential References
The reference to Article 43 of the Penal Code, which defines intent as the intention to commit a crime, is crucial in this context. The Constitutional Court, as well as the jurisprudence, have repeatedly emphasized the importance of this subjective element in criminal law. Previous maxims, such as No. 37367 of 2014, have contributed to outlining a clear and coherent legal framework on the issue of intent in the crime of devastation.
Conclusions
Judgment No. 17494 of 2022 represents an important reflection on the necessity to demonstrate intent in the crime of devastation. The awareness and will to damage others' property cannot be underestimated, as they constitute the key element for the configuration of this crime. Lawyers and legal professionals must take these indications into account for a correct defense or prosecution in cases involving crimes of devastation, thus ensuring fair and proportionate justice.
