Auxílio ao suicídio na modalidade omissiva própria no âmbito das redes sociais digitais

Abstract

The present work defends the legal thesis that frames the own omissive conduct in the crime of suicide aid, typified in article 122 and combined with article 135 of the Penal Code. Such conduct is analyzed in the scope of social networks, because we are currently experiencing an era in which there is the absurd sharing of videos/images of third parties in intimate moments and deprived of their lives, in order to gain some advantage in digital social networks. The current society is connected through the Internet that in turn brought digital social networks in order to break the barrier of space and time between people. However, along with the positive points also came the negative points, where the priority of the mass of users became the capture of moments and/or situations of the real word in order to be shared in the virtual world. With this, social and ethical values were consumed and it began a priority to prioritize futilities instead of the greatest legal good that should be protected not only by the State, but also by society as a whole: life. For this reason, the legal thesis advocated aims to analyze and study the possibility of framing the agent’s omissive conduct to the act of suicide of third parties, with the priority purpose of obtaining image/video of the act, in order to disseminate it on their social networks to obtain specific benefits that they grant to their users through their publications or posts. It is noteworthy that the distress omission is a crime of mere conduct, thus, there is no need of causal nexus and result for the typical fact to be configured.