Nexo de casualidade e a teoria da imputação objetiva

Abstract

This paper aims to explain the theoretical foundations of the theory of objective imputation, which means, in a preliminary concept, attribution (imputation) of a conduct or a normative (legal) result to those who performed a behavior that created a legally prohibited risk. It holds in mind that the normative result can only be imputed to those who have carried out a conduct that generates a legally forbidden danger and that the event must correspond to that which the incriminating norm seeks to prohibit. It works with the concepts of permitted risk (excluding the typicality) and prohibited risk (from which the conduct acquires criminal relevance). As auxiliary methods, one uses the principles of trust, the prohibition of regressus, the consent and participation of the offended person and the special knowledge of the author regarding the personal conditions and circumstances of the victim or the de facto situation. And finally, we want to demonstrate that the theory of objective imputation can be applied perfectly to our legal system, because it is an implicit normative element of all criminal type.