The application of the exclusion of critical manifestation to the constitutional powers, of journalistic activity and of claiming constitutional rights and guarantees beyond the criminal types of title XII of the criminal code

Abstract

The present work intends to evaluate the possibility of extending the exclusion of typicality of art. 359-T of the Penal Code for other criminal types that are linked to crimes against the Democratic State of Law, based on the analogy in bonam partem. By writing that there is no crime in Title XII, the critical manifestation of the constitutional powers or the journalistic activity or the claim of constitutional rights and guarantees through marches, meetings, strikes, agglomerations or any other form of political manifestation with purposes social crimes, the Penal Code opens up the possibility that said cause of exclusion may, by analogy, be applied to other crimes, provided that the unequivocal intention of the agent to achieve the ends listed in the exclusion is recognized, maintaining a systemic coherence and the respect for human dignity and proportionality.