Princípio da coculpabilidade: uma análise da corresponsabilidade estatal na prática dos crimes ligados ao tráfico de drogas

Abstract

The present work seeks to analyze the possibility of co-responsibility of the State for the commission of drug trafficking crimes, using, for this, the historical-dialectical method. In fact, it is necessary to observe the possibility of applying the so-called coculpability principle only with regard to crimes motivated by socio-economic reasons, that is, in cases where the state omission is evident in order to influence practice these illicit. It should be said that the research has a bibliographic character, in this sense, in the first instance, an analysis of the crime of trafficking should be made through Law 11.343 / 06 and of the repercussions of this legislation in the Brazilian penitentiary system, in a second moment, a a brief study of the theory of the penal norm, more specifically with respect to the institute of guilt and, finally, an examination of the relation between coculpabilidad and its application in drug trafficking in the light of the reality in the peripheral communities. It seeks, therefore, a means of applying the principle in the legal system and, after that, a search of its real use in national jurisprudence.