A groundbreaking critique of one of the most controversial doctrines in Brazilian criminal law.
In Brazil, the concept of dolo eventual (eventual intent) has become a powerful tool for prosecutors seeking severe convictions in cases of reckless conduct. But what happens when a legal fiction designed to capture borderline cases becomes a weapon of mass incarceration?
In EVENTUAL INTENT, legal scholar André Kologeski offers a devastating critique of this doctrine, exposing how it violates fundamental principles of criminal law, undermines legal certainty, and destroys lives. Through rigorous analysis spanning philosophy, psychology, neuroscience, economics, and comparative law, Kologeski demonstrates that dolo eventual is not a sophisticated legal concept, but a dangerous fiction that allows judges and prosecutors to convict people for intentional murder when, at most, they committed reckless homicide.
This book is essential reading for anyone interested in understanding the complexities and contradictions of the Brazilian criminal justice system. It offers a window into a legal culture where the pressure for severe punishment often trumps technical correctness and respect for fundamental rights.
What you'll discover:
•The historical origins of dolo eventual in fascist Italian law
•Why the proof of "eventual intent" is psychologically and legally impossible
•How this doctrine violates the principles of legality, culpability, and presumption of innocence
•Landmark cases where dolo eventual was applied controversially (Kiss nightclub fire, traffic accidents, medical errors)
•The role of media and penal populism in driving abusive convictions
•Comparative analysis with similar doctrines in other countries
•A rational alternative: a graduated system of recklessness
•Insights from neuroscience, game theory, cognitive dissonance, and restorative justice
EVENTUAL INTENT is more than a legal critique-it's a call for a more humane, rational, and just criminal law. A criminal law of freedom, not of fear.
