A teoria da coculpabilidade sob a perspectiva teórico-empírica: uma análise de sua incidência na justiça estadual mineira

Abstract

This study is aimed at the theoretical and empirical mapping of the theory of coculpability. The State mea-culpa consists in the validation of socioeconomic marginality as a possible factor to mitigate culpability. To this end, it admits that the State has not the ability to promote basic conditions to the portion of the population, and it is up to the judge-State to acknowledge that this negligence has led to the occurrence of a typical fact, thus reflecting the quantum of the penalty. Although having an expression in criminal science, its applicability in Brazilian courts is almost non-existent. The general objective of this study was the theoretical examination of culpability, coculpability and social vulnerability theory. In addition, aims to do quantitative and qualitative analysis of the State-courts positions in Minas Gerais. Regarding the used methodology, it was the quantitative analysis of 98 convictory criminal sentences and 137 judgments, elaborating a statistical bank. Later, a qualitative analysis was composed in order to value the data, in that, using the theory method based on adapted data. Despite the fact that this study has a regional range, the objective data reflect the official information about the profiles of the incarcerated persons. Moreover, coculpability has been progressively used by the defense, however, without the positivation in the legal system, it is noted that it will have obstacles in the incidence of concrete cases.