The consent of the offended in the Theory of Delict: the particular contribution of the objective imputation theory

• Grant number: 14/18575-2
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): April 01, 2015
• Effective date (End): August 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Luciano Anderson de Souza
• Grantee: Renan Azevedo Leonessa Ferreira
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The purpose of this work consists in analysing the consent of offended regarding the functionalism, through the objective imputation theory. The Theory of Delict has evolved, primarily, in order to solve individual dogmatic-criminalistic problems that concern to another period, which results in the mismatch of the current scenery, marked by transformations inside difuse interests, as well as particular ones. The human behavior is seen as a relation endowed with meaning, that is extracted from communication among members of society. Accordingly, nowadays the Theory of Delict points to a rediscovery of the victim, granting a greater relevance in criminal conducts inside this agent's relation with the offender and with the own society concerning produced or increased risks. Therefore, it has become extremely relevant to ascertain the consent of offended based on the objective imputation theory, preceded by a diagnosis about the rightful and mistaken points of the dualistic and monistic theories involving this theme. From this vision, it is possible to analyse the implications of the consent regarding new difuse interests, and likewise under a view of redimension of individual interests, especially inside the paradigmatic cases of patrimonial and sexual crimes, taking in consideration the current moment of reform of the criminal legislation and incongruences of Criminal Law in Brazil.