Myth on modern criminal law: a critique to the concept of conduct placed in the theory of delict

• Grant number: 11/02257-3
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): April 01, 2011
• Effective date (End): March 31, 2012
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Helena Regina Lobo da Costa
• Grantee: Pedro Augusto Simões da Conceição
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This work has as its principal goal to make a contribution on the debates about the notion of conduct on the wheels of the Crime Theory. For that, we pretend to make a dialogue with Frankfurts Critical Theory and with Mikhail Bakhtins thinking. This investigation is justified because the concept of conduct, actually developed by the Criminal Doctrine, is not anymore able to satisfy the modern Criminal Law needs. This work fits in the way of the dogmatical and philosophical discussions about Criminal Sciece, and it regards the harmfull power that Criminal Law can have when it is wrongly applied. We also add to these, Criminal Law unquestionable need to societys good livelihood. To achive these, we unfold this works goals in three specific ones: a) the first is to bring the Critical Theory regard to the critique of the concept of conduct by Hans Welzels, Claus Roxins and Günther Jakobs Crime Theory; b) the second one is to make a connection betwen Frankfurt Schools and Mikhail Bakhtins thinking and c) the third one is to make conclusions about the development of the Crime Theory focused on "conduct" and connect critiques and proposals to that concept.