O contexto do princípio da co-culpabilidade no direito penal brasileiro e a sua aplicação perante a responsabilização do criminoso: o Estado também é culpado?

Abstract

The approach to this article is the principle of co-guilt. This principle is not expressly included in the Brazilian legal system. However, the work inserts possible justifications for its application in certain concrete cases. First, the study contextualized the origin and concept of the principle. In this sense, it is demonstrated the difficulty in recognizing it and the injustices that its non-application entails on that individual abandoned and marginalized by the State and society in which he lives. It is a significant number of society that does not have opportunities, finding in crime the road to survival. And the reverse? How to deal with those who take advantage of the influence and economic power to commit crimes? It is the so-called reverse co-culpability analyzed from the text. Co-guilty therefore seeks to minimize inequality in the criminal sphere by providing for mitigation of punishment by transferring a portion of the blame to the State and society for failing to comply with the objectives and grounds set forth in the 1988 Federal Constitution, the research observes the alternative of applying the principle as a cause of reduction of sentence and as a judicial circumstance.