OS ATOS ANTIDEMOCRÁTICOS DE 08 DE JANEIRO E OS DESAFIOS DA RESPONSABILIDADE PENAL DOS CRIMES MULTITUDINÁRIOS: Análise dos desafios encontrados diante da responsabilização penal individual em crimes cometidos por multidões à luz dos atos antidemocráticos ocorridos em 8 de janeiro de 2023.

Abstract

In light of the repercussions of the anti-democratic acts that took place on January 8, 2023, at the headquarters of the Three Branches of Government in Brasília, this paper presents an analysis of the challenges faced by the Brazilian legal system in assigning criminal liability for offenses committed by crowds, the so-called multitudinous crimes. Based on a bibliographic review, the study is grounded in the following research question: “What are the challenges in individualizing criminal responsibility within the context of multitudinous crimes?” Guided by this premise, the research initially examines the historical, political, and social context that led to the anti-democratic acts of January 8, 2023, describing the main events of the case. Subsequently, it discusses the concept of multitudinous crimes and their legal particularities, as well as the attribution of criminal responsibility in such cases. Finally, the last section is devoted to analyzing the challenges faced by Criminal Law and Criminal Procedure Law regarding the difficulty of individualizing the conduct of participants, due to evidentiary limitations inherent to these scenarios, in accordance with the provisions of Brazilian law. The study concludes that, although multitudinous crimes pose challenges to the current criminal framework, any attribution of responsibility must respect the constitutional principles of culpability, individualized sentencing, and the presumption of innocence.