Culpability

the incongruity of methods

Authors

  • Juarez Tavares

Keywords:

Culpability, Theory of crime, Normative judgment, Functionalism, Democratic State

Abstract

The article examines the evolution of the criminal-law theory of culpability, from the psychological to the normative conception, and discusses its legitimacy in a democratic State. The methodology used is the theoretical-philosophical and dogmatic analysis of the positivist, Marxist, Hegelian, Kantian, finalist, functionalist and discourse-theory currents. The text argues that all positions employ a method that takes the offense and the imputation from grounds detached from the concrete person of the author, portraying him as a functional instrument rather than a real person. The investigation concludes that the normative judgment of culpability is a political act of convenience, lacking legitimacy in a society marked by exclusion, and proposes reorienting the imputation process based on the social context and democratic participation.

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References

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Published

1998-10-01

How to Cite

TAVARES, Juarez. Culpability: the incongruity of methods. Brazilian Journal of Criminal Science, São Paulo, v. 24, n. 24, p. 145–156, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3781. Acesso em: 20 oct. 2026.
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