Culpabilidade, neurociências e análise preditiva

Abstract

This study seeks, through investigation of state-of-the-art technology, to establish whether there is a possibility of measuring culpability depending on the community the person is included. Hence, a new function of free will is introduced in guilt, which is one of the aspects to take into account when verifying the disapproval of a person's conduct in a legal proceeding. For this, we rundown three fundamental elements of investigation: culpability, studying it in all relevant criminal law ideologies to date; free will, from a neuroscience point of view, with its most current developments; and artificial intelligence, especially in its form of predictive analytics.The goal is offer, at the end, a new possibility of arranging guilt, through modern techniques of cerebral analysis. Thus, it takes into account the verification of the offender's guilt from the social context, in which he is inserted, as well as his social experience and degree of education, establishing a more accurate culpability measurement of each citizen.