Estado de necessidade exculpante

Abstract

The forgiveness necessity state goal is the culpability exclusion by the other behavior unfeasibility. In order to explain the institute we appealed in two theories. The unitary theory recognizes the necessity state just as a excluded illicitly cause, by sacrificing the juridical assets of minor value to save the mayor value one or the juridical assets´ sacrifice that have an equal value to the safe. The differentiable theory admits the necessity state as illicitly excluded - when there is minor value sacrifice in order to save mayor values and the necessity state as culpability exclusion values sacrifice equal to the saved ones, or even bigger values, since non demanded different behavior. The Brazilian Penal Code, getting divorced from the alien Law, have adopted an necessity case unique theory excluded the illicitly when there is a juridical asset with the same or minor value than the safe one. However, the forgiveness necessity case might be recognized as the main legal cause of culpability exclusion, if the sacrificed juridical asset have a mayor value than the safe one, if presented the other behavior unfeasibility