REALIZATION OF RISK AND CRIMES QUALIFIED BY THE RESULT: A COMPARATIVE STUDY OF THE DEVELOPMENT OF BRAZILIAN AND GERMAN JURISPRUDENCE AND DOCTRINE

Abstract

Crimes qualified by the result have always been the subject of intense doctrinal research, given the difficulties that arise when the attribution of the aggravating result. The debates in Brazil and Germany have followed different paths. While in Brazil the discussion stops at the examination of causality and the subjective type, in Germany, on the other hand, the debate on crimes qualified by the result has developed over the years and has become intertwined with the theory of objective imputation, especially with regard to the creation of a disapproved risk, thus making it possible to understand the imputation of the result as derived from a risk generated by the action of the previous offence and, in this way, raise discussions that, from another perspective, would not even be observed as a legal problem.