THE FUNCTION OF THE RESULT IN NEGLICENCE DELICT

Abstract

The fact typically is composed of culpable conduct, voluntary, negligent, inexpert or imprudent objetctive for ability, breach of duty care, unitended result, causal anda typicality. These elements are described and studied by the majority doctrine, expect in regard to the outcome that was relegated to the examination of a few lawyers. This requirement, since as essential, was not related to dedication. For the mainstream only exist culpable violations of naturalistic outcome. Thus was born the present essay, by the “state of the question”, based on literature search, analyzed the position of science through doctrine of Nelson Hungria, Francisco de Assis Toledo, Heleno Cláudio Fragoso, Zaffaroni e Luiz Luisi, among others. Schools as distinct criminal were brought to face the theoretical argument adopted. It was concluded that the naturalistic outcome – because the law is found in all crimes – has political function, guarantor type, integrating it. That does not preclude the provision of formal and misdemeanor culpable conduct that merelycarry on the function garantism hazard expected in the standard incriminating. In this text are examples taken form these crimes legislation homeland. For readability, we chose to indirect quotations or, alternatively, by short direct quotations.