O Tipo Legal

The subject was studied by Ernst von Beling, who first discovered the theory of typicality in the criminal field. [4] In his 1906 book The Doctrine of Crime, Beling developed the first such concept. [5] Since then, several authors have constructed criminal concepts, so that there are a “multitude of assumptions” about them. [8] While the basic type describes all the elements that characterize the crime, the derivative forms are specializations of the crime and serve to increase the penalty (in the case of aggravating means) or to reduce it (in the case of mitigating means). [5] The legislator should formulate the type of type as clearly and precisely as possible so that it can be understood by anyone with an average level of knowledge; In addition, it should avoid terms that allow subjective evaluation and use those that are easy for everyone to understand. It is also necessary to look for words that describe prohibited conduct in the most general way, so that it can cover all its random modalities, bearing in mind that vague concepts such as `morality` or `morality` do not correspond to the principle of legal certainty of the citizen who must comply with them. [9] In Welzel`s definition: “The criminal type is the concrete description of prohibited conduct” and also “it is subject to the prohibition of statutory-criminal laws”. [3] Its roots are linked to the principle of legality, starting with Article 39 of the Magna Carta of John Landless in 1215. This is because it also requires anti-normativity and material typicality, that is to say, actual harm, insult, to the protected legal good[1] Typicality is therefore the correspondence that is unique and common to all the elements of the description of the type, whereas it is the description that makes the legislator of the behavior that becomes criminal. Mayer added to typicity its circumstantial character other characteristics of the type, such as antijuridality. [8] When examining the type, it is observed that there are always the basic types – which define unlawful behaviour (e.g., murder of a person) – and the resulting modalities, either by the force of aggravating factors (e.g., committing the crime for trivial reasons) or mitigating factors (e.g., by strong emotions after an unfair provocation by the victim).

[5] In criminal law, a criminal type is the description of an illegal act in a code or statute, which therefore involves the imposition of a sentence. This is one of the defining elements of the crime itself, which, according to tripartite theory, is a typical, anti-legal and culpable fact,[1] and its investigation is called criminal (or criminal) typology. Other legal philosophers have made progress in understanding and defining the criminal type and its various nuances. These are the legal principles known by the Latin expressions nulla poena sine lege, nulla poena sine crimine and nullum crimen sine poena legali, which Feuerbach originally formulated in his textbook. [4] Thus, we speak of the basic type of crime and in a qualified type (with aggravating type) and privileged (with mitigation): “The qualified and privileged types are mere derivatives of the basic type, so that the rules applicable to them are also applicable to them. [10] The criminal type exists only if the formal type is effective, that is, if the act is committed exactly as described by law; and the material nature, which is the real and serious damage to property protected by the criminal type. Typification consists in the fact that the legislator transforms a certain human behavior – considered at the level of hypotheses (the so-called “standard fact”) – into a legal “device or command”. [2] Until then, terms such as “elements of the crime” or “general facts” were used in Germany as synonyms for the crime itself (i.e. generally of all its elements, although sometimes excluding imputability and criminality), as well as the concept of “special offence” – the aim of Beling`s criticism of this use – as superficial and confusing. Nor does it take into account the use of the standard word in procedural law. [6] However, the penal provision has special characteristics compared to other areas of law. A tipicidade é um dos elementos do tipo penal, junto à conduta, ao resultado e ao nexo causal: ou seja, para que o tipo se configure não basta a previsão legal, é necessário um ato do indivíduo, produzindo um resultado previsto e que este possua uma ligação direta com a vontade em obtê-lo.

[5] The regulations do not require additional documentation requirements for an officer filing an application on behalf of a foreign employer, but it is the foreign employer who is responsible for complying with all applicable employer penalty provisions. Any companion or successor of spouses and children under the age of 21 may apply for an O-3 nonimmigrant visa, subject to the same eligibility period and restrictions as the O-1/O-2 nonimmigrant. They are not allowed to work in the United States under this classification, but they can study full-time or part-time on an O-3 visa. The applicant must apply for an extension of residency to continue or complete the same event or activity by filing the following documents with USCIS: If the employment of a beneficiary without immigrants is terminated for reasons other than voluntary resignation, the employer must pay the reasonable cost of repatriation to the nonimmigrant`s last place of residence before entering the United States. If an officer has submitted the application on behalf of the employer, the employer and the employer are also responsible for paying these fees. Nesse sentido, cabe citar parte da Ementa do HC 118089 (STF): On Form I-129, the applicant may request that USCIS notify the consulate after petition O is approved or request an extension of the beneficiary`s stay in the United States. If a petitioner requests an extension of the recipient`s stay instead of a consular notification, see the “Extend my stay” and “Change nonimmigrant status” pages. A tipicidade é característica comum a toda norma jurídica; Assim, por exemplo, quando uma norma civil diz que um imóvel é adquirido por usucapião decorrido um certo tempo de posse, está tipificando uma conduta objetiva, prevendo-a de modo abstrato.

[5]. The spouse and children of the beneficiary must file Form I-539, Application for Extension/Change of Nonimmigrant Status and provide all supporting documents to extend their stay. We analyse urgent policy debates on topics as diverse as global health governance, infectious diseases and law, and substance use disorders. If you are a nonimmigrant O-1 in the United States and want to change employers, your new employer must file a Form I-129 with the USCIS office listed in the instructions on the form. Please note that USCIS relies on the contractual agreement that must be submitted with the petition to determine whether the agent is acting as the beneficiary`s employer.