A teoria da imputação objetiva na jurisprudência brasileira: análise de casos de autocolocação em perigo e de heterocolocação em perigo consentida em crimes contra a vida

Abstract

The study, conducted through a legal-dogmatic investigation, aims to analyze how the objective imputation theory has been addressed in Brazilian jurisprudence, with particular emphasis on the scenarios of self-endangerment and consented hetero-endangerment. Initially, the research presents the theoretical foundations of objective imputation, contextualizing its scope of discussion, historical roots and guiding principles, in addition to arguing for the theory’s compatibility with Brazilian legal system. In a second stage, the research delves into the legal constructs of self-endangerment and hetero-endangerment are examined in order to establish their criteria and parameters for application. Finally, the study offers a critical assessment of four judicial decisions – two from the Superior Court of Justice and two from different State Courts – providing a diagnostic assessment regarding the correct or incorrect application of the concepts of self-endangerment and hetero-endangerment and ultimately drawing conclusions on the current stage of understanding of the objective imputation theory within national jurisprudence.