Autonomia e autorresponsabilidade em direito penal : compreensão à luz da ontologia relacional de Faria Costa

• Autor(a) principal: Coelho, Gustavo Tozzi
• Data de Publicação: 2021
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: https://tede2.pucrs.br/tede2/handle/tede/10244
• topic: Direito Penal; Autonomia; Autorresponsabilidade; Imputação Objetiva; Paternalismo; CIENCIAS SOCIAIS APLICADAS::DIREITO

The object of the present investigation is the foundation of individual autonomy by the light of Faria Costa's relational ontologism. Therefore, we start from the onto-anthropological comprehension of Criminal Law, in which crime reveals itself as a perversion of the care-ofdanger relationship. In order to make it possible to propose the foundation of individual autonomy under such theoretical presuppositions, we address the relationship between the ius puniendi and its intervention in individual freedom, analyzing the function of legal-criminal principles as a source of blockage against state discretion in the molds of the Democratic Rule of Law to then go into the Crime Theory and it’s basics analytical elements: action, type, illicit and guilt. Afterwards, we will focus on the bases that will allow us to seek to substantiate individual autonomy: we will cross the historical context about the notion of freedom until we reach Kantian thought and its concept of (negative) freedom as individual autonomy, at which point the main premises will be studied of autonomy in Kant: the subjectivity of the transcendental subject’s reason as a self-legislator guided by the maxim of universality. Once this is done, we seek to demonstrate the complexity and polysemy that the concept of autonomy entails based on an interdisciplinary literary review so that we can then analyze the notions of ontological, political and ethical autonomy. With such analysis, we face the core of the investigation: individual autonomy under the assumptions of Faria Costa's regional ontologism, a crucial moment of the thesis in which we launch the proposal of an ontological-relational concept of individual autonomy, its structural elements, cases involving reduced autonomy and autonomy deficit, pointing out its relationship with the Criminal Law. Finally, we advance on the principle of self-responsibility, its possible concept and its hypotheses of incidence in the Theory of Objective Imputation under the criterion of the scope of the type, analyzing, finally, the issue between legal-criminal paternalism and (i)legitimacy of participation in suicide in the national criminal law.