Dolo in the synthetic theory of criminal action and its foundation in restorative justice

Abstract

Apodictic is that from the criminal legal dogmatics and its foundation in Restorative Justice, a new definition of fraud is proposed having as its underlying the position of guarantor of Human Rights from the functionalist organizational perspective, without forgetting to make an anamnesis of the different doctrines on In particular, our general objective is to present a proposal that does not have its back to social reality, for which a qualitative methodology is specified using descriptive and emancipatory techniques, to conclude that fraud is the violation of the principle of guarantor position of Fundamental Human Rights under the knowledge of their own fines, and awareness of the desire to violate them, or potentiating the imputable realization of the victimizing behavior.