Da liberdade como pressuposto e fundamento da culpabilidade: breve incurso histórico a partir das diferentes concepções de indivíduo e natureza humana

Abstract

The material analysis of Guilt is an essential element in crime theory, and It still remains a challenge when compared to other items. Firstly because of philosophical difficulties in defining freedom and human nature as these concepts touch and vary with each historical moment. For today's doctrine classical doctrine fails in several respects as It attempts to delve into the odyssey which is the conception of human freedom. Criminal law, as a social and political product, must be based on opposing ways if It is to be truly democratic, which means It must look at the autonomy of the individual as a social being, with roles defined in a democracy. Notably, this analysis becomes even more important in the face of the crisis in Criminal Law, which can be seen in two aspects, first : there is a social nature in the first one, which is summarized in the antinomy of freedom and security, far from being a current crisis; and in the second one shows more a dogmatic character, related to the legitimation of the punitive power of the state, and to the science of Criminal Law. Therefore, this article aims to investigate the historical evolution of the material concept of guilt, from the different conceptions of individual and human nature.