Criminal liability and technical risk in brazilian Civil Engineering

Abstract

The professional activity of civil engineers has a direct social impact, as it is closely linked to public safety and the preservation of property. This study analyzes the criminal liability of these professionals within the Brazilian legal system, with emphasis on the distinction between intent and negligence and on typical offenses arising from engineering practice. A qualitative methodology of a descriptive and exploratory nature is adopted, with a bibliographic, documentary, and normative approach. The results indicate that the criminal liability of civil engineers is generally subjective, requiring proof of negligence, recklessness, or lack of technical skill. The professional’s role as a guarantor of safety is examined in light of the Theory of Objective Imputation and the concept of permissible risk, particularly with regard to compliance with technical standards. Recurring crimes are identified, such as structural collapse and negligent homicide, as well as criminal misdemeanors associated with situations of abstract danger. It is concluded that the Technical Responsibility Annotation constitutes a central element in delimiting the causal nexus, and that the mitigation of criminal risks depends on ethical conduct, technical rigor, and proper documentation throughout all phases of construction.