The expansion of criminal law in the risk society: responsibility and culpability in the criminal functionalism

• Grant number: 11/04782-8
• Support Opportunities: Scholarships in Brazil - Master
• Effective date (Start): August 01, 2011
• Effective date (End): July 31, 2013
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Pierpaolo Cruz Bottini
• Grantee: Thaísa Bernhardt Ribeiro
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The expansion of the Criminal Law is a post modernity juridical phenomenon that is deeply related with Risk Society. This social, political, technological, economic context affects the criminal legal institutions. In this situation is possible observe news in dogmatic reality: the emergence of abstract danger crimes, the increase of omission's relevance, diffuse juridical estate, discussion about the responsibility of companies, among other effects.However, doctrine ignores the effects of this new social context in culpability content. Possibly this occurs because culpability is an old institute in criminal doctrine, that faces semantics changes, in other words, culpability isn't built by post modernity changes, but quietly rebuilt under customs. The goal of this study is illuminate this reality, by analyzing the changes in culpability institute caused by Criminal Expansion in the Risk Society, counting as main theory with criminal functionalism, which is the most expressive criminal school of post modernity. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

RIBEIRO, Thaísa Bernhardt. Culpability and function: critical analysis of the Günther Jakobss culpability theory. 2014. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.