Viny Junior case: transnational crime or transnational effect of the conduct?

crime transnacional ou efeito transnacional da conduta?

Abstract

This paper aims to analyze whether the racist offenses against the player Viny Júnior, in the Real Madrid and Valencia game, which took place in Spain, have aspects of transnational crimes, whether they have transnational effects, as well as whether the Brazilian Penal Law can achieve such facts. To this end, a study will be carried out on the principle of conditioned and hyper-conditioned extraterritoriality and its vectors, with the aim of verifying whether the acts committed against the player can be judged in Brazil. Furthermore, it will be verified, in the event that it is possible to process and judge the case in Brazilian territory, which court and district will be responsible for this prosecution. Finally, it will be determined whether the concept of transnational crime provided for in the Convention and the United Nations Protocol against Transnational Organized Crime apply to the case in question.