Tipicidade penal autopoiética

Abstract

This argument holds an analysis about the criminal type in its various aspects, with the theoretical contribution provided by the systemic perspective of Niklas Luhmann. The goal is to demonstrate that it is possible to observe the communications concerning the legal-dogmatic formation of a penal typicality since the idea of a closed criminal type until the construction of the autopoietic criminal type. This allows a disregard of the effectiveness of the incriminating penal norm, beyond the limitations imposed by legal dogmatic. Therefore, a description of the artistic state of the primary penal theories connected to the configuration of the penal type must be created, starting from the causal/finalist doctrine, moving thru the new

juridical/philosophical questioning linked to the functionalism (objective imputation), analyzing its constituting aspects and marking down the pertinence of it’s opposition. The dynamic materialized by the confronting of these two different postures, instigates the creation of a