A moral e o crime: uma análise, a partir da obra “crime e castigo” de Fiódor Dostoiévski, sobre a conduta, a implicação da culpa e a expiação moral no indivíduo

Abstract

In the present work, based on the work “Crime and Punishment”, by the Russian author Fyodor Dostoevsky, it will be analyzed, initially, if there are behaviors that have attributes innate morals, what is the influence of guilt on this attribution of value and whether it is possible individual who practiced the devalued conduct to emancipate his conscience, in the sense of understand the act you performed and overcome its inherent effects on the human psyche. In this sense, it will go through the western philosophical tradition, doctrine of criminal law contemporary and in complementary works, unveiling all the concepts and questions pertinent to what is understood by conduct, in the philosophical scope and in the legal dogmatic scope. Afterwards, it will turn to the analysis of guilt as an institute beyond that currently understood as a requirement for imputation of criminal responsibility, demonstrating the performance of guilt in the figure of the individual who committed the crime. Finally, in search of the emancipation of the individual in relation to his practiced conduct and the psychological ills imposed by his own conscience, it will be verified whether, in fact, the imposition of a penalty, through the punitive power of the State, solves the problem generated by the crime and the consequent feeling of guilt and, if not, what would be the way to effect the desired forgiveness