Aplicabilidade do princípio da coculpabilidade no Código Penal Brasileiro.

Abstract

The Democratic state of law has as one of its primary aims to ensure the values listed in its constitution. However, the Brazilian state has been ineffective in relation to the function essential to provide the social body to effective Rights and Fundamental guarantees enshrined in its Charter Higher. All this is reflected in generating social, as the inefficiency of the State in providing to their citizens, conditions needed to achieve a dignified life tends to create in the hearts of individuals some vulnerability for the commission of crimes. From that failure comes in the modem doctrine Criminal strong discussion regarding the allocation of responsibility to the state before the occurrence of some crimes which are explained in its origin, by its own default. It is in this context that flows to the principle of co-culpability and it is from there that develops this work. Search to explain the problem of the growth of crime as a cause of inertia State . It is intended as a general objective of this work to demonstrate that the crime is a social fact and that can be explained in some cases by the inefficiency of state ment. Likewise, there are specific objectives such as the verification of conceptual and historical aspects of the principle of co-culpability; to demonstrate their relationship with the Magna Charta pointing it as a implicit principle; to investigate their reception in the form of Comparative Law; to propose its positivation in the legal system national as a mitigating general to be provided by Article 65 of the Penal Code. Therefore, employees will be the methods exegetic-legal, historical and evolutionary, and bibliography. The conclusion drawn by the research develops in the direction of proposing the implementation of the principle of co-culpability through its Brazilian Criminal Diploma. It will make the legal system-criminal patriotic comes close of social reality, seeking a law more humam and less selective.