Nexo causal em matéria penal: análise da jurisprudência dos tribunais de justiça
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2011
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This paper reports empirical research presented in 2009 as final dissertation for graduation as Bachelor of laws at DIREITO GV about the definition of causation to attribute criminal liability in the Brazilian state supreme courts. A total of 84 criminal appeals, ruled between 2007 and 2008, were analyzed and quantitative and qualitative results related to procedure data, results of the decision and reasoning were extracted. Analysis of these results led to five major findings: (1) discussion of causation occurs almost exclusively in cases of willful crimes, (2) often, though discussed by the parties, a causal relationship is not asserted in the decision, (3) causal relationship is often stated with little reasoning and, generally, with fewer arguments than the statement of negligence, (4) The causal theory most used by the courts is that cause is every necessary condition for the event, and (5) causal relationship is often asserted as a result of negligence.