O princípio da co-culpabilidade e sua aplicabilidade no direito penal: uma abordagem crítica do panorama social brasileiro

Abstract

This monographic research main theme is the co-culpability, principle that cannot be expressly found in Brazil's law, and it’s application as a cause of exclusion of guilt, by excluding the culpability of those who commit crimes under certain circumstances. To reach this objective, addresses the co-culpability concept as a criminal element, indispensable to the understanding of the subject. Then, looks to the theory and to the concept of co-culpability, as it’s origins and theoretical evolution. In this line, it aims to reach the difficulty to recognize the principle in our country, due to be an implicit principle, which causes many injustice, once miserable people who finds themselves in factual different situaions are reprimanded strictly than the wealthy part of society. This is a significant portion of society that did not have the same opportunities of the bourgeois class, and found the crime the easiest way to obtain the goods of life that an exacerbated capitalism offers. The co-culpability tries to minimize this inequality providing mitigations of penalties to these individuals transferring portion of the guilt to blame society for not complying with the objectives and foundations of the Federal Constitution of 1988, found more specifically in its art. 6. Finally, the research analyzes the applicability of this principle in the Brazilian legal system as a cause of culpability exclusion of one who acts under certain social conditions or as a cause of reduction of sentence.