Das condições pessoais do agente: posição sistemática nos crimes culposos

Abstract

This thesis is about the systematic position of the personal conditions of the agent in the theory of culpable crime. Personal conditions are understood to be agent’s abilities and knowledge on a given situation. The objective is to determine whether the personal conditions of the agent in culpable crimes should be evaluated in the analysis of the typicality or culpability. The theoretical framework used is the theory of the American philosopher of language Jonh Searle on the creation of institutional facts. Applying Searle’s thesis and determining the brute fact that supports culpability, we defend that the personal conditions of the agent in theory of culpable type should be evaluated in culpability.