Teoria da imputação objetiva e sua funcionalidade no cenário brasileiro: um estudo jurisprudencial da sua aplicação nos TJ’s

Theory of objective imputation and its functionality in the brazilian scenario: a jurisprudential study of its application in the TJ's

Abstract

Criminal Law arises from the state action to control conduct considered criminal and repressive in the social environment, with the purpose to typify what (or who), selectively, was considered delinquent by the dominant groups. With the advancement of theories referring to the causal link, which is one of the elements of the typical fact, one can see the attempt to reinterpret the objective responsibility of the agent's conduct through a more guaranteeing perspective of Criminal Law. In this sense, the theory of objective imputation brings relevant elements for the delimitation of delinquent conduct. From this, there is the question whether the theory of objective imputation is an important marker in the judgments of the state courts of justice and in what circumstances its use contributes to a more guaranteeing posture of the Judiciary, despite its non-adoption by the Current Penal Code. Thus, the general objective of the article is to analyze the use of the theory of objective imputation in the Brazilian Courts of Justice and its possible connections to space and economical factors, in addition to the relationship with certain types of crimes, such as the predominance of its use in culpable homicides. As a methodology, indirect bibliographical and documentary research was used with a quantitative and qualitative approach. The main conclusion indicates that the use of the theory of objective imputation is still discreet in Brazilian courts, especially outside the south-southeast axis, in order to present limitations and deviations from its functionality, observing a dogmatic hyper preservation and the elaboration of punitive postures in Brazilian jurisprudence.