Can punishable acts in full intoxication be punished?

Abstract

The contradiction between the concept of actio libera in causa in Brazilian legislation and jurisprudence and the current state of knowledge of psychic phenomena, criminal law science, and the jurisprudence of advanced civilizations is evident. The unsustainable repressive nature of the theory of exception, which is detrimental to the principle of culpability but still dominant in Brazilian literature and jurisprudence, and the scientific compatibility of the theory of type with the democratic principles of unjust type and culpability but still ignored by the country's doctrine and courts. New proposals for criminal policy for crimes committed in a state of complete intoxication include the jurisprudential redefinition of the act as a crime of recklessness, as well as the legislative creation of an independent criminal type, with a maximum penalty of up to five (5) years, according to the Vollrausch model of German criminal law, to accommodate unlawful acts committed while intoxicated, which cannot be punished due to lack of culpability. The disparity between the concentration of the lucrative effects of the production and sale of alcoholic beverages in market companies and the corresponding high taxes in the capitalist state, on the one hand, and the spread of negative effects of an organic nature (liver cirrhosis), psychological nature (drunkenness), and social nature (criminal punishment) on the individual consumer, on the other hand, needs to be corrected in future criminal policy.