Por um realinhamento dogmático da culpabilidade no Direito Penal Juvenil

Abstract

This dissertation intends to investigate culpability in Juvenile Criminal Law, verifying its existence and devising its constitutive elements. So far, the dogmatic development of the category is insufficient. In brazilian specialised doctrine, the adolescent s culpability is still pictured very similarly to the adult s culpability, needing proper outlines and specifities. Therefore, the present work draw the historical evolution of Juvenile Criminal Law, stressing the genesis of brazilian Juvenile Justice from the Criminal Code of 1830 up to the current days, concluding for the existence of Juvenile Criminal Law as a subsystem of Criminal Law, informed by the principle of Integral Protection and demonstrating the juridical consequences of such classification. In sequence, it is presentede a historical retrospective of culpability in Criminal Law and how this elemento is treated by the traditional doctrine on the subject. Onward, it is critically appreciated the pilars of culpability in Juvenile Criminal Law (the adolescent, author of an infractional act; the protected legal interest violated by the infractional act and the relation between the infractional act and the correctional measures). At the end, it is designed a special culpability for the adolescente, analysing its material foundations and its configuration as an element of the infractional act and judicial circumstance of aplication of correctional measures.