A RESPONSABILIDADE CRIMINAL DE LÍDERES POR HOMICÍDIOS DOLOSOS PRATICADOS NO CONTEXTO DO TRÁFICO DE DROGAS: UMA ANÁLISE SOBRE CONCURSO DE PESSOAS, DOMÍNIO DO FATO, CAUSALIDADE E PRESSUPOSTOS PROCESSUAIS PARA A RESPONSABILIZAÇÃO NO JUDICIUM ACCUSATIONIS

Abstract

The dissertation has as main objective the deepening of the theme involving the criminal responsibility of the leaders of Criminal Organizations focused on drug trafficking for the practice of homicides, analyzing, dogmatically, the legal feasibility of that claim. With the development of organized crime, it appears that the accountability of leaders of criminal organizations together with the executioners for the practice of homicides still reveals itself to be troubled in the doctrinal and jurisprudential planes, mainly due to the opposition between the application of the Theory of the Fact´s Domain and the classical theoretical model of Concourse of People´s as conceived in the Penal Code. In this sense, the study is also directed to examine the formation of the link between the figure of the leader and the criminal conduct that one wants to impute against him. Given the specificity of these cases, the construction of evidence, given its complexity, requires an analysis of the performance of criminal investigation, criminal prosecution and criminal judgement bodies. In order to do so, at the pre-procedural and procedural level, the constitutional and principled assumptions for the attribution of criminal responsibility to these leaders are explored, considering the role of each of the bodies involved in the criminal system (Judiciary Police, District Attorney and Judiciary).