Princípio da culpabilidade no CPPM perante a Constituição Federal de 1988

Criminal law studies crime as well as its characteristics and principles. The concept of crime is defined as something that is prohibited and sought to be avoided, threatening it with a penalty, as it constitutes damage or danger, even if in an attempt to an individual or collective legal good. There is also the pure normative theory of culpability, which emerged to profoundly modify the causal system, redefining the concept of action. For crimes in general, common jurisdiction; for strictly military crimes, special jurisdiction; for murder crimes, the jury. This constitutional equation must be especially observed when military public officials commit intentional crimes against the lives of civilian citizens. Guilt has to do with the disapproval or censure of the action performed (or omission), which has a typical and unlawful conformation, having as a point of analysis the conditions of the agent. The culpability was in the mind of the author of the fact, being coincident with the intent and guilt, its only elements. This is not to close the way to Finalism or another penal system in Military Law, but just trying to find the signs that show the moment of evolution of the theory of crime that influenced the Military Penal Code. The method used was the hypothetical-deductive, which is a method of approach and presents a much more rationalization than seeking a scientific truth. In addition to being a method that successively eliminates the error.