Imputação objetiva diante da teoria do delito: o que é, onde se situa e qual sua finalidade?

Abstract

This project intends to supply the readers with the means to think about objective imputation specially in criminal law which is considered by some Brazilian criminologists as part of a crime definition. Considering, at first, some constitutional principles and then, taking into consideration what the crime theory is ( crime theory explains how it can be used by the criminal judge,) and, at last, studying the philosophical evolution of the crime theory throughout the time, it was concluded that objective imputation has became a theory itself after the theory of the crime as a target which was named functional criminal law theory. The objective imputation theory has changed the main point of the crime classical theory while considering the external cause of a crime, mainly when a specialist is theorizing about crime action. We should keep in mind that the material cause theory has always taken in consideration that cause and consequence are part of theory of the crime. Later on it was considered the objective imputation in foreigner studies, mainly in Germany, the country where the idea of imputation started as it is known nowadays. And then objective imputation was analysed by some Brazilians criminologists who consider it as a valid and applicable theory. At last, we got to its definition how it appears in crime definition and why it is useful.