Abstract

SOCHIO, Roberta Oliveira Dal  and  SOUZA, Paulo Vinicius Sporleder de. CONSIDERATIONS ON CAUSALITY AND OBJECTIVE IMPUTATION IN BRAZILIAN CRIMINAL LAW. Revista Internacional CONSINTER de Direito [online]. 2021, n.13, pp.161-186.  Epub Sep 08, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00013.07.

The article deals with the main theories of causality, as well as the emergence and affirmation of the Objective Imputation Theory proposed by Claus Roxin. In order to answer questions about when an action can be considered a cause of an outcome and when it can be imputed to a person, Criminal Law and other branches of knowledge have formulated several explanatory theories. However, even after elaborating several theoretical conceptions, the conclusion on how to explain the causal and normative nexus of conduct relevant to criminal law has not yet been reached. Given this, the objective is, through a bibliographic search with the inductive method, to analyze which was the theory accepted by the Brazilian Penal Code and to determine if it requires the causal and normative nexus. The result is that the material criminal law incorporated the theory of the condition, in addition to requiring objective imputation to consider a person as the perpetrator of a crime.

Keywords : Objective Imputation; Theories; Brazilian Penal Code; Art. 13..

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