The relevance of material environment of public administration for the criminal persecution for crimes of duty:

a proposal of the dual position of consciousness in criminal law

Abstract

The article proposes to reflect about the attribution of the crimes of responsibility attributable to mayors and councilors established by brazilian law. This clipping arises from a perception of a plurality of public administration structures in Brazil. Therefore, the work sought to verify the occurrence, or not, of this diversity of Brazilian municipal structures. The work has as a theoretical reference the so-called doctrines of crimes of infraction of duty, which is appropriate for approaching crimes that presuppose an institutional position. The question then proposed concerns the capacity of the structure of public administration, in terms of reality, to influence the normative attribution of the crime. It can be seen that the difficulty is due to the double position of the criteria of conscience, in this case, located both in the intent and in the culpability in the sense, leading to questions about the difference between the types of error (type and prohibition). It brings the hypothesis of the possibility of influence of the material structure for attribution with regard to the prohibition error.