Patrimonial protection of criminal law

An analysis of the crimes of kidnapping and extortion through kidnapping

Abstract

The fundamental objective of this article is to explain the patrimonial character of the criminal legislation, specifically in the crimes of kidnapping and extortion through kidnapping, both in the Penal Code, which, despite having similar characteristics, have a different treatment given by the law. The legal circumstances created by the State are a way of demonstrating a greater reprimand to conducts that are potentially more harmful than their primary or fundamental forms. To do so, a bibliographical research was predominantly carried out, with the hypothetical-deductive approach method and the comparative procedure method, besides making use and the aid of doctrines, of national legislations and research carried out on the internet. After all the pertinent analyses were made, the hypothesis initially delimited of the protectionist nature of the right to property to the detriment of the other fundamental rights of all individuals was found to be true, to a relatively dubious extent, to the extent that the crime that has a financial intent is punished more severely than the crime that merely restricts the victim's freedom of movement. At the same time, it was cited that the most effective assertion of the legislator would be to equalize the proportion of the increase of the penalty limits, in case the qualifiers of the autonomous crimes are present in the concrete case.