In Brazilian jurisprudence, there are several legal theories about what constitutes a crime under Brazilian law. More specifically, there are three main schools of thought. The first theory is the four-part theory, which holds that a crime is made up of four distinct elements: facts typifying the offense, illicitness, guilt (similar to mens re in common law), and a legal basis for punishment. Today, this theory has been virtually discarded.
The second theory, which is one of the two main camps in existence today, is the three-part theory. The three-part theory holds that crimes are made up of the facts typifying the crime, illicitness, and guilt. Although this is the predominant theory in Brazilian law today, there is a third theory.
The third theory holds that guilt is automatic where the facts of the case fit the typification of the act and the act is illicit. Therefore, Ricardo Tosto this theory holds there are two elements to a crime, the facts of the case and the illicitness of the act. The third theory is similar to strict liability in the context of common law, where mens re need not be proved.
Ricardo Tosto is an expert in several fields of Brazilian law. The attorney is the managing partner of one of Sao Paulo’s leading firms, Ricardo Tosto & Associates. In additino to handling criminal cases, Ricardo Tosto expert in credit and Brazilian financial law.
As one of Sao Paulo’s best known litigators, Ricardo Tosto has been recognized by a number of legal publications. Ricardo Tosto’s firm has been at the top of the Sao Paulo legal field for over twenty years. His law degree is from McKenzie Presbyterian University in Sao Paulo. He also holds a diploma in business administration.
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