A consequência da omissão estatal nos delitos praticados por hipossuficientes: a coculpabilidade como princípio intrínseco ao garantismo penal no ordenamento jurídico brasileiro

Abstract

This scientific article aims to approach coculpability as a possibility of application in Brazilian law, i.e, recognizing the State co-responsibility in them practice of crimes committed by certain individuals, who do not present favorable socioeconomic conditions and, therefore, have diminished capacity of self-determination because of that. In this way, it is understood that the State, through available resources, could offer these individuals opportunities for better social development, but this does not happen. Firstly, it will be analyzed the culpability, either as a principle or as an element of the crime, and their respective hypotheses of exclusionary, to approach later about the concept of coculpability, their possibilities of application in Brazilian criminal law, through doctrine, legislation and jurisprudence, as well as principles of equality and individualization of the penalty, which guide the theory of coculpability, always in the light of the criminal garantism.