O dolo no Sistema Penal Redutor: a reafirmação da vontade psicológica

Abstract

The research adopts as its central objective the investigation and delimitation of a concept of “wrongful intent” that can be incorporated by a Reductive Penal System and, therefore, a concept of “wrongful intent” capable of containing the expansionist trend that is taking place in Brazil. Bibliographic review was adopted as the main methodology, both in Brazilian doctrine and in international literature. From the systematization of theories of “wrongful intent” in traditional and modern legal-criminal dogmatics, it was possible to conclude that a reductive concept of “wrongful intent” is not compatible with the normativist and cognitive aspects, with increasing expression in the doctrine. Furthermore, analyzing the treatment of “wrongful intent” by Brazilian courts, it was observed that a reductive understanding of “wrongful intent” must refute the expansion of the theory of consent and, even more so, the presumption of “wrongful intent” instrumentalized by the theory of willful blindness. Having understood what the reducing intention could not be admitted, the work began to lay the essential foundations for a reducing intention. To this end, the main premises and proposals of the Reductive Penal System were first presented, whose theoretical framework is Eugenio Raúl Zaffaroni. It was then possible to propose guidelines for a definition of “wrongful intent” that could achieve the practical delimitation of the concept, also considering evidentiary standards for the application of the subjective element in concrete cases