A aplicação do princípio da coculpabilidade na dosimetria da pena

Abstract

The goal of this dissertation is to examine the applicability of the principle of judicial coculpabilidade circumstance as the dosimetry pen being culpability true technique used by the judge to measure the worth in order to ensure material equality. Through coculpabilidade principle recognizes the responsibility of society in the commission of certain crimes committed by individuals who have less scope for self-determination in the face of social and economic inequalities, which entails less reproach upon quantification of the penalty. The principle is Coculpabilidade positivado aliens in various laws, such as in Peru, Costa Rica, Argentina, Mexico. Although not a principle expressed in the Brazilian legal system, this search principiais their assumptions on principles expressed in the Constitution, such as equality, Individualization pen and Dignity of the Human Person. The coculpabilidade should be measured at the time of the sentencing base, under art. 59 of the CP, this is because the degree of censorship attributable to the agent that opposes the quantum of censure attributable to society, making it possible to decrease the disapproval directed the defendant to the extent that there is "division" of faults between the agent and the offender society embodying is thus equal material.