ISENÇÃO JURÍDICO - PENAL DA RESPONSABILIZAÇÃO PELA PRÁTICA DO CRIME DE FURTO CONTRA ASCENDENTE COMETIDO PELO DESCENDENTE NA CIDADE DE MAPUTO: CASO DA 12ª ESQUADRA

This article aims to address the Legal-Criminal Exemption from Liability for the Practice of the Crime of Theft against an Ascendant committed by the Descendant in the City of Maputo: Case of the 12th Police Station. With the advent of crime, in recent times there has been a huge increase in criminal agents who steal assets from their ancestors to satisfy their desires with the subsequent sale or exchange of such stolen assets, and the offended party is prevented from demanding that the State hold this agent criminally liable because he is his descendant, a fact that results from the law. In terms of methodology, it is an applied research, whose approach is qualitative-quantitative, the interpretation of data is through bibliographic, documentary and interview review and case study with a monographic method. It was concluded that there is no reasonableness whatsoever in the provision regarding exemption from criminal liability, as it encourages the dissipation of the family's assets and therefore has no social value. Furthermore, it constitutes the ascendant's own genuine will to see his descendant criminally liable for the damage caused, for having exhausted peaceful means of resolving family disputes and for seeing his assets collapse without being able to do anything.