Aplicação do princípio da coculpabilidade: análise do posicionamento do Superior Tribunal de Justiça (2013-2019)

• Autor(a) principal: Silveira, Júlia
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5757
• topic: Coculpabilidade; Culpa; Responsabilidade Penal; Jurisprudência

The main objective of this work was to analyze the position of the Superior Court of Justice on the application of the co-culpability principle. As for the methodological development, develops an exploratory research. A qualitative approach has already been applied. As for data collection, a bibliographic and documentary method was used, analyzing 10 (ten) judgments of the Superior Council of Justice, with a time limit from February 2013 to September 2019. The results from the judgments on the theme pointed that the majority positioning of the Superior Court Justice have not admitted the application and the acknowledgment of the principle of co-culpability, using as a basis that co-culpability serves as a real prize for agents who do not assume their social responsibility and which applies to a form of encouragement for those who have a criminal life, in addition to the absence of proof of vulnerability condition, as well as the absence of legal provision. Therefore, it can be concluded, according to the decisions analyzed, handed down in the last seven years, that the Citizenship Court still has great resistance in recognizing co-responsibility as the realization of constitutional rights, from the perspective of the principle of isonomy, individualization of the penalty, human dignity and legal pluralism. Still, it was found that the grounds used by the Ministries are based solely on denying the application of the principle of co-culpability, however, without substantiating the legal form or the real reasons for not knowing.