Coculpability principle within Rio Grande do Norte State Tribunal jurisprudence

Omissão estatal e seletividade penal

Abstract

Although Brazil adopts a form of a Democratic State of Law, which has within its fundamental objectives the eradication of poverty and promotion of general good without any form of discrimination, notably does not fulfill these objectives in relation to a significant part of its population. These omissions contribute to the perpetuation of a large sum of people in a situation of sub-citizenship. And it is precisely on these subjects that the state repressive apparatus acts most sharply. The co-culpability principle emerges as a possibility to minimize the effects of state omission at the time of criminal repression, based on a division of guilt between the State (and society) and the perpetrator of the crime. The objective of the present work is to verify the applicability of the principle within the scope of the Rio Grande do Norte Court of Justice (TJRN) through consultation and analysis of the jurisprudence concerning the theme in the last ten years (2010-1019). Them we confronted the reasons enabled to avoid the incidence of co-culpability by judges considering that there are legislative, doctrinal and comparative experiences that reinforce at least the possibility of its applicability. Comparing the study with other researches, we conclude that the judicial moment ends by confirming the state omission and the selectivity of the penal system, against the constitutionally more adequate doctrine and the regional comparative experience.