Concurso de delitos: uma primeira tentativa de reorientação

Abstract

This article offers a rereading of the theme of joinder of offenses, considering not only what the Brazilian jurists and superior courts say, but also the international experience. After identifying the three major problems (lack of theoretical consensus, erratic casuism of case law and legislative treatment in Brazil), the authors defend the legal consequence as the archimedean point of joinder of offenses, intuitively adopted by the courts, and criteria are offered to guide the application of the figures of accumulation, exasperation and absorption for the cases of autonomous offensiveness, partial overlapping of offensiveness and penalty applied within a single frame, respectively.