Abstract

BARCELLOS, Eduardo Rodrigues  and  CAPANO, Evandro Fabiani. THE INEXIGIBILITY OF DIVERSE SUPRALEGAL CONDUCT AS MANIFESTATION OF NATURAL LAW. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.351-364.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.16.

The present work aims to combine the supralegal cause of unenforceability of different conduct with the philosophy of Thomas Aquinas. It is based on the verification of the existing correlation between criminal law and morality. Limiting ourselves to the concept of crime, for some situations there will be a need to seek exculpatory causes outside of those provided for by law, in the event that different conduct is not required. Based on the relation of the cause of exclusion of culpability with sources outside the law, the study analyzes the concept of prudence established by Thomas Aquinas and, mainly, one of his potentialities, which is the gnome and its relationship with the epicea, concluding the just solution for certain typical behaviors that do not deserve a criminal reprimand is found in the modulation of the unenforceability of different conduct with the Thomasian idea of epique.

Keywords : Moral; Supralegal cause of different conduct; Prudence; Epiqueea..

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