A necessary revaluation of culpability when crime is comitted by two people or more

• Autor(a) principal: Junqueira, Gustavo Octaviano Diniz
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito
• Texto Completo: https://periodicos.ufv.br/revistadir/article/view/1582
• topic: Culpability. Liability. Vulnerability.; Culpabilidade. Responsabilidade. Vulnerabilidade.

This study seeks to develop, first, a brief diagnosis of the crisis involving the dogmatic construction of culpability and the problems encountered in the analysis of crimes committed by two people or more. Law is ignored when trying to individualize liability. Furthermore, the importance of the vulnerability in assessing guilt, especially in peripheral countries, with emphasis on cases involving powerful and vulnerable parties should be analyzed. Finally, this text will verify the influence of new forms of imputation, especially the allegedly subjective liability by the willfull blindness as a mechanism that both facilitates the standardization of convictions and brings difficulties to the analysis of individual liability. This study is a literature review that employs a hypothetical, deductive, and dialectic approach.