Culpability and Punishment in Law 9,099/95

Authors

  • Lycurgo de Castro Santos

Keywords:

Culpability, Necessity of punishment, Law 9,099/95, Criminal transaction, Conditional suspension of proceedings

Abstract

The study begins with criminal policy as an essential guideline for understanding the criminal legal system, drawing from the Constitution of the Republic, and from the principles of the Democratic State of Law, the preventive function of the criminal norm, which motivates individuals to refrain from conduct harmful to legal goods, without retribution or a judgment of reproach based on free will. Along these lines, it examines culpability and punishment in conciliation, in transaction and in the conditional suspension of proceedings, arguing that the judgment of culpability depends on the judgment of the necessity of punishment and that the agent's acceptance of guilt, along the lines of the plea guilty, entails a positive judgment of culpability, with only objective requirements being admitted, under penalty of offending the principle of culpability for the fact.

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References

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Published

1996-01-01

How to Cite

SANTOS, Lycurgo de Castro. Culpability and Punishment in Law 9,099/95. Brazilian Journal of Criminal Science, São Paulo, v. 13, n. 13, p. 130–143, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3457. Acesso em: 20 oct. 2026.
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