O Caso Pavesi Julgado no STF: a divergência entre considerar o tráfico de órgãos como um crime doloso contra a vida ou como um crime qualificado pelo resultado

Abstract

The objective of this paper is to discuss the crime of organ trafficking in the Pavesi Case, seeking to identify its criminal classification within the legal system, to understand whether it falls within the scope of the crime qualified by the result of the jurisdiction of the single judge or whether it falls within the scope of the intentional crime against life within the jurisdiction of the jury court, considering how the legislation addresses this issue. In this context, in order to understand the complexity related to the issue, the “Pavesi Case” will be examined, judged by the Supreme Court of Brazil (Extraordinary Appeal 1,313,494 MG). Thus, by analyzing the decision, it seeks to understand how this precedent can influence new processes inherent to the issue.