THE APPLICATION OF COCULPABILITY AS AN UNNOMINATED MITIGANT IN THE COMMON CRIMINAL PROCEDURE

Resumen

The main objective of this work is to analyze the concept of Coculpability, seeking similarities between the doctrinal understanding and the application of the principle in Brazilian jurisprudence, in a bibliographical analysis focusing on the classifications of Criminal Law. It has as a parameter the Ordinary Common Procedure of the Penal Code and details the judgments that emphasized the term in order, in addition to correlating them with the law, to investigate the (un)need for readjustments for its broad application by Brazilian jurists. It is observed that the factual circumstances, of a society marked by inequality between individuals and the State's omission towards them, make a salutary reanalysis of the guilt that involves state co-culpability. Among the results, it is observed that the application of the coculpability theory has been carried out in a timid but forceful way. It is concluded that the use of the theory by defenders, prosecutors and judges can be further expanded as an effective mechanism in the search for equality and due legal process.