The Guilt and the relevance of criminal policy

Abstract

This research focuses on the arduous task of understanding the guilt element within the offense structure, studying its scope, meaning, relevance, as well as corollary, pointed to possible failures and / or inconsistencies are studied solely in an isolated aspect . In this debate it was noted that the guilt is real integrating element structure of the offense, so that deny it as part of the guilty unfair understand notorious criminal legal setback. Another point to be addressed is with respect to the fact of guilt, before being a purely individual factor, be understood undoubtedly as a social phenomenon, where this reprovabilidade should not be assessed solely in an isolated and individualistic perspective of characterizing the offense agent but under the aspect of their social environment, the product of his conduct. This work aims the study of guilt, as well as the relevance of the Criminal Policy plays on the concrete assessment of the conduct of the individual.