Anotações sobre o estudo da recklessness na doutrina penal italiana: por uma terceira forma de imputação subjetiva?

Abstract

The present study on compared criminal law aims at disseminating, in the Brazilian doctrine, one of the solutions pointed out by italian criminalists to solve the problem of the difficult distinction between dolus eventualis and conscious negligence, especially through the adoption of the concept of recklessness – derived from the Common Law system – as a third form of subjective imputation. After the initial considerations, in order to define the object of study, the article exposes the concept of recklessness, as well as how it emerged, and indicates the italian authors who adopt this concept, nowadays, as a third form of subjective imputation, instead of the dolus eventualis.