Entre a dogmática e a jurisprudência: um estudo de casos sobre a Teoria da Imputação Objetiva no TJMG

Abstract

The study analyzed the application of the Theory of Objective Imputation as a complement to Article 13 of the Brazilian Penal Code in the case law of the Court of Justice of Minas Gerais, examining cases involving traffic offenses, electronic fraud, and tax evasion. Thus, the research addresses the issue of the applicability of the Theory of Objective Imputation in this Court. It was found that criminal liability has come to consider the creation of legally relevant risks, distinguishing between permitted and prohibited risks, the creation of such risks, their incidence in the harmful result, and, finally, their reach within the offense. Each analyzed case, due to its distinct content, grounded the decision by employing appropriate elements within this theory. The study demonstrated that the theory allows for overcoming the limitations of causality, offering more precise criteria for criminal imputation.