Direito
URI Permanente para esta coleção
Navegar
Navegando Direito por Autor "Boeing, Karen Cristyne"
Agora exibindo 1 - 1 de 1
Resultados por página
Opções de Ordenação
Monografia Acesso aberto A aplicabilidade da teoria da imputação objetiva no ordenamento jurídico brasileiro(2018) Boeing, Karen CristyneThis paper aims to analyze the applicability of the theory of objective imputation in the Brazilian legal system. In view of the fact that criminal law aims at the protection of assets necessary for the survival of society and the guarantee of social order, it is indispensable that its action be given in the most just way. It is discussed at first about the historical evolution of penal theory in order to understand the theoretical basis of Roxin's proposal. When we look at the elements that make up the typical fact, it is noted that the theory applied by the Criminal Code (theory of equivalence of antecedents), regarding the causal link, is insufficient for the resolution of all concrete cases, excluding the imputation of the result in some of them only in the analysis of the normative nexus. The theory of objective imputation indicates the risk as a necessary element to impute the typical fact, aiming to ward off such insufficiency. The subject was approached through the method of bibliographical research, aiming to study the theory of objective imputation from the doctrinal understanding on the subject, with qualitative approach and exploratory level, using the bibliographic record as instrument for the data collection, since the This study was firmly established in the country's legislation, jurisprudence, doctrines and scientific articles. It is concluded that the functionalism brought a great change, including the valuation of Criminal Law. Legislation must conform to these changes, adjusting to social reality, so that the application of the theory of objective imputation to the legal order of the country would be able to prevent the exorbitant number of incriminations, which inappropriately fall on individuals who practice completely harmless behaviors or accepted by society. Keywords: Criminal law. Objective imputation. Criminal responsibility.