Passive corruption, the act of office and other dogmatic scismes
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Passive corruption, official act, criminal attempt, effective repentance and voluntary withdrawal, later regretAbstract
The need for the configuration of the crime of passive corruption to have a functional act inserted in the bundle of attributions, resulting from its position and exercise of power within the scope of the public service, makes up a jurisprudential and theoretical tension that is far from a single solution or from exhaustion dogmatic. The article seeks to reinforce the need for an official act to configure the crime.
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LEITE, Alaor; TEIXEIRA, Adriano (Orgs.). Crime e Política: Corrupção, financiamento irregular de partidos políticos, caixa dois eleitoral e enriquecimento ilícito. Rio de Janeiro: FGV Editora, 2017, p. 19.
HILGENDORF, Eric. Direito Penal: parte geral. 1. ed. São Paulo: Marcial Pons, 2019, p. 289
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