RESPONSABILITY AND CULPABILITY IN THE FUNCTIONALISM TELEOLOGICAL-RATIONAL

Abstract

During many years were made different theoretical proposal for Criminal Law, anyone with your own characteristics and scientific bases. Although, these dogmatic systems, since the Classic to the Finalism crossed a crisis that affect the own Criminal Law identity, because the reported patterns did not answer the questions from the present society, due they do not allow valorative interferences. Due this, these systems become stanch and not susceptible of values and can be many times distant of reality and without effectiveness. As a result emerge some tendency, look like that from Claus Roxin. The functionalism teleological-rational, allowing the criminal politic infiltration in the dogmatical system begun to review the anterior conceptions, inclusively the Neokantism and begun to imput political criminal functions to the delict structure, from this thought arise two central pieces: The objective imputation and the amplification from culpability to the idea of responsibility, that was enriched by the finalities of punishment. The culpability, in turn, second Roxin, should be independent from free will and is in a bigger idea, the responsability, produce many consequences that will be show.