Liberdade, culpabilidade e individualização da pena

Abstract

The objective of the work and to analyze the possibility of interference of individual factors, and in special the partner-economic ones, the gauging of the culpability, here it is that the discarding of personal characteristics in favor of the social paper exerted by the citizen is proclaimed in the current criminal law. Leaving of the conception of one constitutionalistic system, the principles must be the great thing who orientates of all the criminal norms. The beginning of the culpability drift of the dignity of the person human being, who has accented individualistic matrix, compelling interpretation that allows the analysis of the culpability in concrete to each judgment. Beyond the direction of structure of the crime, the culpability also can be understood as principle, related with the proportionality of the penalty or as prohibition of the objective responsibility. While structure of the crime, the culpability has crooked evolution, leaving of intense a religious inspiration and reaching the man how center of the attentions with the belief in the full rationality. In the classic school, it was based in the free will and was impregnated of ethical content. In the classic school, it was guided in the free will and was impregnated of ethical content, for then gaining matrix of social responsibility in the positive school, and only with the Welzel teory it is that the censorship for the disaproved management of the freedom comes back to prevail. In the Roxin teory, it comes back to have matrix purely. We defend that the freedom must be accepted while rule, therefore drift of the dignity of the person human being, and that all the factors of the individual, and in special the partner-economic context, must be considered in the analysis of the culpability