Consentimento com a conduta perigosa: uma análise sobre os critérios de interpretação dos casos de heterocolocação em perigo consentida

Abstract

The present paper aims to assess the best way to define criteria for the interpretation of cases of consented endangerment of others. To this end, we first analyze the hypothesis of total equivalence between consented endangerment of others and participation in responsible self-endangerment. Then, we verify the possibility of interpreting consented endangerment of others from an attempt to equate it normatively with self-endangerment. It also analyzes the position of those who maintain that consented endangerment of others is nothing more than a form of consent. Finally, a starting point is outlined for the proper interpretation of the figure as consent to a dangerous conduct.