O Que É Culpa Própria e Culpa Imprópria? (com exemplos)

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Última Atualização 21 de dezembro de 2020

Segundo o pessoal do campuslab:

Culpa própria: é aquela que, conforme estudado, é causada por imprudência, negligência ou imperícia. 

Culpa imprópria, por equiparação ou por assimilação: é a culpa que ocorre nos casos de erro de tipo vencível ou inescusável e no excesso culposo das excludentes de ilicitude (os quais serão estudados mais à frente).

QUESTÃO CERTA: A culpa imprópria ocorre nas hipóteses de descriminantes putativas em que o agente, em virtude de erro evitável pelas circunstâncias, dá causa dolosamente a um resultado, mas responde como se tivesse praticado um delito culposo.

Culpa Imprópria: é a culpa derivada do erro de tipo permissivo evitável (inescusável) nas descriminantes putativas. É denominada como culpa imprópria pois o agente realiza o tipo penal dolosamente e responde culposamente em consequência de seu erro na descriminante.

Culpa Imprópria = Erro de tipo permissivo inescusável.

Culpa imprópria ou culpa com previsão: o agente pretende atingir determinado resultado porque está envolvido pelo erro evitável/ inescusável, decorrente de sua desatenção. Em outras palavras, o agente quer o resultado, mas sua vontade está viciada por um erro, que poderia ser evitado com o cuidado necessário.

Na culpa imprópria, o agente supõe uma situação fática que, se existisse, tornaria sua ação legítima. Como tal erro poderia ser evitado pela prudência do homem médio, é chamado de inescusável. O sujeito prevê o resultado e deseja sua produção, realizando a conduta por erro inescusável quanto à ilicitude do fato. É a única modalidade de crime culposo que admite tentativa.

Culpa imprópria (por extensão, por assimilação ou por equiparação): o agente, por erro evitável, fantasia certa situação de fato, supondo estar agindo acobertado por uma excludente de ilicitude (descriminante putativa por erro de fato), e, em razão disso, provoca intencionalmente um resultado ilícito. A estrutura do crime é dolosa, mas, em razão de política criminal, é punido como culposo. 

EXEMPLO: Um grande exemplo para a questão, seria o caso do PAI que acorda a noite e ouve um barulho, vai lá na cozinha e ver um vulto que anda na sua direção sem falar nada, o PAI achando que se trata de um LADRÃO em sua residência, dispara contra o vulto. Ao verificar a vítima, ver que na verdade ele atirou contra seu filho que estava tomando água e voltava para o seu quarto.

Nesse caso, embora o crime seja naturalmente doloso (pois o agente quis o resultado), por questões de política criminal o Código determina que lhe seja aplicada a pena correspondente à modalidade culposa. Nos termos do art. 20, § 1° do CP: Art. 20 ( .. .) § 1 o – É isento de pena quem, por erro plenamente justificado pelas circunstâncias, supõe situação de fato que, se existisse, tornaria a ação legítima. Não há isenção de pena quando o erro deriva de culpa e o fato é punível como crime culposo.

QUESTÃO ERRADA: Caracteriza culpa imprópria por assimilação, extensão ou equiparação o fato de o agente responder por crime doloso embora tenha praticado a ação com culpa consciente, nos casos de erro vencível, nas descriminantes putativas.

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A culpa imprópria (também pode-se utilizar qualquer uma das denominações trazidas pela questão) consiste, na verdade, em uma hipótese de crime doloso que ocorre sob o manto de uma descriminante putativa. Inclusive, Cléber Masson traz um exemplo bastante elucidativo em sua obra. Narra o caso de uma filha que sai escondido, na calada da noite, para namorar. Ao voltar, pula o muro de casa, passa silenciosamente pelo cão bravo que a família possui, mas, ao entrar na residência, esbarra com o pai, que, mesmo vendo o vulto franzino, atira, crendo-se acobertado por uma hipótese de legítima defesa. Se ele houvesse usado da prudência, notaria que o cão não latiu (portanto, deveria ser alguém conhecido), bem como o vulto era franzino demais para representar perigo. Como se trata de um erro vencível, responde pela modalidade culposa (culpa imprópria).

QUESTÃO CERTA: Admite-se a forma tentada no crime impropriamente culposo.

Segundo Cleber Masson:

“Culpa própria e culpa imprópria: Essa classificação se baseia na intenção de produzir o resultado
naturalístico. Culpa própria é a que se verifica quando o agente não quer o resultado nem assume
o risco de produzi-lo. É, por assim dizer, a culpa propriamente dita. Culpa imprópria, por
extensão, por equiparação ou por assimilação é aquela em que o sujeito, após prever o
resultado, e desejar sua produção, realiza a conduta por erro inescusável quanto à ilicitude do
fato. O resultado vem, então, a ser concretizado. O agente incide em erro inescusável, inaceitável,
injustificável quanto à ilicitude do fato. Supõe uma situação fática que, se existisse, tornaria a sua
ação legítima. Como, entretanto, esse erro poderia ter sido evitado pelo emprego da prudência
inerente ao homem médio, responde a título de culpa, se o crime admitir a modalidade culposa. Na
verdade, cuida-se de dolo, eis que o agente quer a produção do resultado. Por motivos de política
criminal, no entanto, o CP aplica a um crime doloso a punição correspondente a um crime culposo.
O erro quanto à ilicitude do fato, embora inescusável, proporciona esse tratamento diferenciado. E,
diante do caráter misto ou híbrido da culpa imprópria (dolo tratado como culpa), revela-se como a
única modalidade de crime culposo que comporta a tentativa.”

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  113. Auch florale Tattoos kommen nicht aus der Mode und erfreuen sich in diesem Jahr wieder großer Beliebtheit.
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  114. Maß mysteriös und edgy, aber auch edel und sehr erwachsen – der Buzz-Cut
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    umspielen das Gesicht besonders schön und bekommen zusätzlich noch Volumen.
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