Beyond causality and intent
the application of the theory of objective imputation as part of the solution to traffic offenses in Brazilian practice
In: Revista do Instituto de Ciências Penais
Authors: Raquel Lima Scalcon, Felipe Longobardi Campana and Raphael Kignel
It is not uncommon that the exam of objective typicality, in the practice of Brazilian Courts, is limited by the verification of the causality relation and the means rea or, at most, by using ad hoc criteria such as tolerated risk, trust principle etc. Therefore, this article aims to demonstrate how the theory of objective imputation of results enriches this examination, as well as to suggest ways of its application. For this purpose, three cases inspired by Brazilian legal precedents were selected. Next, the main outlines of the concepts of Claus Roxin, Wolfgang Frisch and Ingeborg Puppe on the objective imputation were presented. Finally, the decisions of Brazilian Courts in the selected cases were compared with resolutions inspired by the concepts of each of the three authors. In the end, it was concluded that the normative criteria arising from the theory of objective imputation, if applied systematically and coherently, can make the analysis of practical cases more in-depth and complete, conferring greater legal certainty to the work of the Courts.
SCALCON, Raquel Lima; CAMPANA, Felipe Longobardi; KIGNEL, Raphael. Beyond causality and intent: the application of the theory of objective imputation as part of the solution to traffic offenses in Brazilian practice. Revista do Instituto de Ciências Penais, Belo Horizonte, v. 10, n. 1, p. 230-261.