O risco permitido como eixo central da teoria da imputação objetiva

Abstract

The present work aims the human behavior study under the criminal law perspective, through of causality relationship, in other words, the existing connection between the crime and its perpetrator, which has started being developed and studied from the eighteenth century on. Over the years the dogmatic legal criminal, has gone through several transformations, with the creation of new systems, each one with its own peculiarity, in order to overcome the above discussion, bringing new ideas and changing old ones. After this analysis about the systems of criminal law, this work is going to portray the main theories that have been used about the causality relationship, such as the theory of conditio sine qua non, following the criticisms made to them, scrutinizing all objections and defects that scholars and jurists raised. As a consequence, presents the objective imputation theory that has been considered as the most important study of European criminal law science since the finality and naturalism. In truth, the objective imputation theory has just proposed a new penal system, the penal functionalism. During the bibliography research, there was no doubt about the choice of the title, because in none of them there is a lock of the enrichment of the essence of the objective imputation whatever its possible risk. Especially those ideas considered by Claus Roxin, the thought of the objective imputation is focused in the idea of risk, and the penal responsibility of the contemporaneous society, and so it is under this perspective that the theme is developed