CRIMES PERMITTED UNDER THE EFFECT OF LICIT DRUGS: ANALYSIS OF GUILTY

Abstract

The present work aims to analyze the culpability of the offending agent under the influence of legal drugs, approaching the concept of crime, bringing into discussion culpability, drunkenness and alcoholism, the theory of actio libera in causa and, in the end, explaining the alien law. Actio libera in causa deals with the responsibility of the agent who, even though he does not directly and intentionally cause the state of intoxication, creates the conditions that lead to this state through the consumption of substances. As for the types of drunkenness, voluntary and negligent drunkenness stand out. Voluntary drunkenness occurs when someone intentionally consumes a substance that affects their mental faculties, while culpable drunkenness occurs accidentally or negligently, without the intention of getting drunk. These different types of drunkenness can influence the assessment of the offending agent's culpability, potentially mitigating or aggravating his criminal responsibility. The study analyzes doctrines on the topic, aiming to contribute to the deepening of the legal debate and support fair decision-making in this challenging context.