Os efeitos comportamentais da crença no livre-arbítrio: reflexos na concepção punitivista da pena

Abstract

Neuroscience focused on the forms of decision-making and formation of the will in the human brain has been highlighted in the scientific community, especially in the law, among other areas of knowledge, conceiving that, from research, it is sought to conclude whether the rooted beliefs in free will have a significant influence on the punishment that is understood to be appropriate for certain situations. Thus, this statement generates the question whether, regardless of whether one truly believes in the free will to act and not in determinism, this belief allows justifying punitive desires. In this context, it is relevant to the discussion whether human behavior, based on beliefs, directly influences the desire to punish. Interestingly, although cultural and evolutionary approaches are equally deterministic in their trust and in the environment as a source of belief, they differ in which environment is this source. However, this assumption raises the most fundamental question that gives importance to theoretical analysis: Exactly how widespread and influential is the belief in free will? The hypothesis is that the belief of free will can serve an important rationalizing function, justifying the desire to punish not mainly for oneself, but for others, and based on this premise it is believed that the greater the belief of the subject in free will, the lower the relevance of events with moral burden in his desire to punish. The best way to persuade others is often to believe in punishment as a way to repay the harm done. It is perceived that a part of people believe in free will. Regardless of whether this belief is justified or not, beliefs in freedom to act are fundamental to many legal systems and have effects on social behavior. In addition, there are many different ways to conceptualize free will, and some may see physical determinism as a threat that can reduce the freedom of individuals, while others do not. Finally, the scope to be pursued is to expose the form of cognition of decision-making in the brain and the complex network of relationships between beliefs in free will and the influence on the desire to punish, observing the subsidies brought by neuroscientists.