O princípio da coculpabilidade e a sua aplicação no ordenamento jurídico brasileiro como ferramenta de combate à estigmatização criminal.

Abstract

This scientific work has as main purpose to elucidate the existence, although implied, the so-called principle of co-culpabilidade, as well as the possibility of your acting and use in the legal field, with respect to the time of dosimetry. To do so, start the exposure your clarifying the evolution of so-called criminológicas schools, as well as their modifications with regard to their postulates, when compliance with and crime analysis, criminal, penal system in General. Shortly thereafter, the elucidation of the importance of the work of the principles for good and fair functioning of peal, law and demonstrates the Magna Carta itself in line with the idea of co-culpabilidade, to highlight the principle of formal equality, as material, of paramount importance to effective of a real democratic State of law. Is, finally, the concept of guilt as an integrator of the crime, and to your understanding, the emergence of the idea of coculpabilidade reflected by a perception that the omission of the State has its consequences in view of the life of its subject, of its provisions to a life of crime, but also elucidates the labeling theory to the role of the criminal law, despite all the changes over the course of your history, still persists as celetista and formulaic. For all this, mentions being the Brazil a country of immense economic and social diversity, and that such factors, due to the principle of co-culpabilidade should be taken into consideration at the time of imposition of a penalty, so that the jus puniendi State can be applied of egalitarian way, and not disproportionately and selective as currently observed