Resistance to Public Official: Analysis of Judgment No. 44069 of 2024

The recent judgment No. 44069 of November 7, 2024, by the Court of Cassation, published on December 3, 2024, offers important clarifications on the configurability of the crime of resistance to a public official. In particular, the Court has established that the threat to commit self-harm acts can constitute the crime of resistance, provided that such behavior obstructs the action of public administration.

The Legal Context of the Judgment

The case in question involves an inmate, M. J., who, to prevent prison police officers from approaching his cell, threatened to commit self-harm with a razor blade. The Court held that such conduct was capable of constituting the crime of resistance, as it aimed to obstruct the officers' work in their duty of supervision and control.

Material element - Threat to commit self-harm acts - Configurability of the crime - Conditions - Factual situation. The conduct of someone who threatens to commit self-harm acts constitutes the crime of resistance to a public official, provided that it is capable of obstructing the performance of public duty. (Factual situation in which an inmate, in order to prevent prison police officers from approaching his cell, had threatened to commit self-harm with a razor blade).

Implications of the Judgment

This judgment fits into a legal context already outlined by previous decisions, highlighting how the concept of resistance to a public official is not limited to physical behavior but can extend to threats that, even if not carried out, endanger the exercise of public functions. Among the reference norms, we find Article 337 of the Criminal Code, which punishes anyone who opposes a public official with violence or threats while they are performing their duties.

Conclusions

Judgment No. 44069 of 2024 represents an important step towards defining the boundaries of the crime of resistance to a public official, especially in relation to behaviors that may seem ambiguous, such as threats of self-harm. It is essential that legal professionals and citizens understand that even threats, if capable of obstructing public action, can be subject to criminal sanctions. This decision contributes to strengthening the protection of the work of law enforcement and public administration, ensuring safety and respect for the rules in the criminal context.