Dolo eventual: considerações sobre a teoria de Ingeborg Puppe

Abstract

Through the use of specialized literature as well as the main court rulings in the country of origin, this paper offers an analysis of the central components of the theory of intentional danger (Vorsatzgefahr), proposed by the German Criminal Law Professor Ingeborg Puppe, to characterize the cases in which possible dolus is attributed. The cognitive element is analyzed; the competence to assess the known risk; and the content of the intentional danger, as a rational strategy for producing the result. Finally, some considerations are also made about the distinction between dolus directus and dolus eventualis. Although the theory is positively evaluated, some incongruities are pointed out, particularly with regard to the possible reduction of the area of dolus directus.