The criminal relevance of the Military Police commanders´omission in the abolition of Democratic State of Law crime and the use of suitable means to generate risk of institutional rupture as an implicit normative element of the criminal type:

analysis of the complaint presented by the PGR in Criminal Petition No. 11,008 – Case January 8th - DOI: https://zenodo.org/records/15722835

Abstract

The article analyzes the indictment presented by the Attorney General's Office to the Federal Supreme Court against commanders of the Military Police of the Federal District, in relation to the events that transpired on January 8, 2023, in Brasília/DF. Employing a comprehensive legal approach and a case study, the author scrutinizes the allegations outlined in the indictment, beginning with an exploration of the concept of improper omission in Brazilian Criminal Law, as defined in Article 13, § 2 of the Penal Code, and its application to the case at hand. Subsequently, the analysis shifts focus to the offense of “Violent Abolition of the Democratic Rule of Law” (Article 359-L of the Penal Code), introduced by Law No. 14,197/2021, and examines its subjective and normative elements. Grounded in the principle of offensiveness, the author posits that all endangerment crimes encompass an implicit normative element, whereby the agent employs a suitable means to inflict harm upon the legally protected interest that the violated norm safeguards—in this instance, the survival of democratic institutions. Finally, the author evaluates the validity of the allegations contained in the indictment, considering the arguments developed throughout the text and the relevant information surrounding the events of January 8th.