A causalidade nos fatos decorrentes de decisão colegiada e o artigo 13 do Código Penal

Abstract

The scope of this article is the analysis of causation in cases of facts resulting from collegiate decisions in the light of current article 13 of the Criminal Code. For this, we analyzed, first, the adequacy of the conditio sine qua non theory for the measurement of causal link in this constellation of cases. After that, we verify whether article 13 of the Criminal Code allows
the application of other than the conditio sine qua non theory. Finally, after reflecting on the interest of the jurist in the subject of causation measurement, we propose a solution to the current problem of article 13 of the Criminal Code by using the figure of co-authorship, including for criminal negligence.