O princípio da co-culpabilidade e sua aplicação no direito penal brasileiro

Abstract

This study aims to address the issue of the Principle of Co-culpability and its application in Brazilian Criminal Law. The Democratic State of Law has in its primary purposes the assurance of the values listed in its Constitution. The Brazilian State has been inoperative in its primary function of providing the social body with the realization of the Fundamental Rights and Guarantees enshrined in its Charter. There are repercussions in the social sphere, since this inefficiency of the State in offering its citizens the necessary conditions to obtain a decent life tends to create within the intimate of each individual certain vulnerability for the commission of crimes. In the modern criminal doctrine a strong discussion regarding the imputation of a responsibility to the State before the occurrence of some crimes that are explained by its own default. In this context, the principle of co-guilt emerges and it is from this that the present work is developed. It is tried to explain the problematic of the growth of the criminality like cause of the State inertia. The study aimed to demonstrate that crime is a social fact and can be explained, in some cases, by the inefficacy of the state entity. The conclusion pointed out by the research develops in the sense of proposing the concretization of the principle of co-guilt by means of its positivation in the Brazilian Criminal Diploma. This will make the country's legal-penal system closer to the social reality, seeking a more humane and less selective. The study was developed through literature review.