Do princípio da co-culpabilidade e sua aplicação às avessas nos delitos contra a ordem econômica, financeira e tributária .

Abstract

The present work approach the co-culpability principle and its applicability in the Brazilian penal system, regarding its criminal and constitutional dogmatics, as well as its reverse application in crimes against the economic, financial and tax order. In these terms, it's asked: what is the co-culpability principle and how can we concretize this division of responsibility between the and criminal agent, both the socially excluded and the one with the better opportunities in our society? The approaching method is the deductive one, starting from a general knowledge of the studied institute, directing to the specificity named co-culpability in reverse. Regarding the technique, the hypotheses were investigated through bibliographical and jurisprudential research. Thus, with the teachings of authors like Eugenio Raul Zaffaroni and Gregore Moura, it has been concluded that the principle of co-culpability is fully possible and applicable in our Criminal Law, through specific devices that have been studied here, reinforced in parallel the programs that minimize social inequalities, since our current system itself does not have sufficient power to transform this co-responsibility into a solution to the problems of inequalities that already exist, requiring a better improvement and support of the institutionalized ways. This way it becomes fundamental the study of the co-guilty institute for modern criminal law, aiming a more equitable sentence, aiming to accomplish material equality in the punishment of criminals who have limited vulnerability and self-determination, as well as instigating the debate regarding the severity of the sentence, for those who enjoyed adequate living conditions, but still had their behavior distorted.