Commentary on Judgment No. 17494 of 2022: Intent and Devastation in Criminal Law

Judgment No. 17494 of November 29, 2022, issued by the Court of Cassation, offers an important reflection on the configurability of intent in relation to the crime of devastation, as provided for by Article 419 of the Criminal Code. This article aims to delve into the main aspects of this judgment, analyzing the legal implications and the requirements necessary for the existence of intent within the scope of crimes against public order.

Intent in the Crime of Devastation

The crime of devastation occurs when an individual destroys or damages the property of others in a context of violence or disorder. The Court, in its ruling, clarifies that for intent to be established, it is necessary for the perpetrator not only to foresee and desire their destructive conduct but also to act knowingly despite perceiving that this conduct is an efficient contributing cause of the harmful event. In other words, the perpetrator must be fully aware of the gravity and consequences of their actions.

Subjective Element - Intent - Content. Regarding the crime of devastation, for intent to be established, it is necessary that the perpetrator, in addition to foreseeing and desiring their destructive conduct, acts despite perceiving that it constitutes an efficient contributing cause of the event.

This legal maxim highlights two fundamental aspects: the perpetrator's mental representation and will. It is essential that the defendant is aware of what they are doing and the consequences of their actions. This awareness must be accompanied by the will to proceed despite the knowledge of potential damages.

Legal and Jurisprudential References

Reference to Article 43 of the Criminal Code, which defines intent as the intention to commit a crime, is crucial in this context. The Constitutional Court, as well as jurisprudence, has repeatedly reaffirmed the importance of this subjective element in criminal law. Previous rulings, such as No. 37367 of 2014, have contributed to outlining a clear and consistent legal framework on the issue of intent in the crime of devastation.

Conclusions

Judgment No. 17494 of 2022 represents an important reflection on the necessity of proving intent in the crime of devastation. The awareness and will to damage the property of others cannot be underestimated, as they constitute the key element for the configuration of this crime. Lawyers and legal professionals must take these indications into account for proper defense or prosecution in cases involving devastation offenses, thereby ensuring fair and proportionate justice.