O dolo na teoria do delito: uma análise da evolução histórica e da atual jurisprudência

Abstract

The theory of crime, throughout history, has evolved to contemplate both social and political reality in the criminal aspect. Although various theories have been proposed to conceptualize, analytically, the crime, the finalism, of Hans Welzel, according to the majority of specialists, although not immune to criticism, was incorporated by the Brazilian legal system. Having made an exposition about this historical evolution and established the parameters on which the conduct analysis is based, in our legislation, the present study proposes, through the method of monographic procedure and the method of deductive approach, to identify the limits and possibilities of the finalist theory, as well as the way in which the Superior Court of Justice, the Federal Supreme Court and the Court of Justice of Rio Grande do Sul understand and eventually incorporate it. It is also discussed how these courts analyze the intent in their decisions, which is done through a study of judgments given in practical cases. From this point, it is sought to detect in doctrine the main alternatives currently offered to remedy any incompleteness of the finalist theory, in order to better respond to the needs of 21st century society