Dolo: entre o conhecimento e a vontade

• Autor(a) principal: Pardal, Rodrigo Francisconi Costa
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/18825
• topic: Dogmática; Efetividade; Dolo; Dogmatic; Effectiveness; Fraud; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

On a daily basis, it has been noticed the lack of safe and dogmatically rational criteria to gauge the fraud in a given case. Thus, often, it ends up being assumed without evidence ballast in the process, which leads the agent to receive a greater punishment than the guilty modality or even be punished when it should not be, in cases where the guilt is not expressed. This is true not only as a result of a punitive pressure unjustified dogmatically and often exerted by the media to attribute malice to the agent's action, but also because theories are not investigated with due deepening also lacking systematization. Consequently, the analysis of the existence or not of deceit turns out to be case by case, without reasonable parameters. Thus, the aim of this study is to systematize the intent of theories from his presentation, pointing misconceptions about its application and analyzing the controversy involving volitional and cognitive aspects. Such systematization was conducted through bibliographical study of authors such as Busato (2013), Díaz Pita (1994), Jorio (2012), Copello (1999) Nucci (2015), Puppe (2004), Casabona (2009), Roxin (2006), Köster (1998) and Vives Antón (2011). Obviously, the deceit balls and guilt must be safer parameter because, although there were no structural problems (eg, deceit the presumption in cases where it is not proved satisfactorily, reversing the burden of proof, which violates the presumption of innocence), the importance of the subject justifies the completion of the work, because the uncertainty about the existence of fraud directly affects the penalty imputed to the agent, which, if not properly sized, ultimately harm the democratic rule of law as it gives rise to arbitrariness. That said, the systematization presented here facilitates the subject of study and comparisons between the various theories of deceit. Analyze weaknesses of each theory, in practice, it provides tools for professionals who deal with criminal law can fight casuistical treatments, facilitating the identification of punitive excesses