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English adapted translationarticle

House of the Dragon, eventual intent and conscious negligence in Brazilian criminal law

An adapted English translation using House of the Dragon to explain the Brazilian criminal-law distinction between dolo eventual and culpa consciente.

Published

October 24, 2022

Reading level

intermediate

Original section

Artigos

Status

English adapted translation, editorially localized.

In synthesis

The source text uses a House of the Dragon scene involving Aemond, Vhagar and Lucerys to explain one of Brazilian criminal law's hardest subjective distinctions: eventual intent, where the person accepts the risk of a result, and conscious negligence, where the person foresees the risk but sincerely believes it will not happen.

Questions this translation answers

  1. 1What is dolo eventual in Brazilian criminal law?
  2. 2What is culpa consciente?
  3. 3Why is the distinction difficult in practice?
  4. 4How does House of the Dragon illustrate risk and criminal responsibility?

The series context

The article uses House of the Dragon, HBO's Game of Thrones spin-off based on Fire and Blood, as a criminal-law teaching example.

The relevant scene comes from the first season finale, when Aemond Targaryen pursues Lucerys Velaryon while riding Vhagar.

The source asks whether the resulting death is better understood through eventual intent or conscious negligence.

Dolo and culpa

In Brazilian criminal law, dolo means intentional conduct or acceptance of the risk of a result.

Culpa means negligent conduct, usually involving imprudence, lack of care or lack of technical skill, when the law provides for negligent liability.

The source notes that some crimes, such as theft, require intent and do not exist in a negligent form.

Eventual intent

Dolo eventual occurs when the person foresees a possible additional result and accepts the risk that it may happen.

The article uses examples from doctrine, such as firing at a wall while accepting the risk that shots may pass through and hit someone.

In this category, the person may not desire the second result, but is indifferent enough to proceed despite the risk.

Conscious negligence

Culpa consciente occurs when the person foresees the possible result but sincerely believes it will not happen or can be avoided.

The difference is subtle because both categories involve foresight.

The article emphasizes that the real dispute is over the person's subjective attitude toward the risk: acceptance or sincere expectation of avoidance.

The Aemond example

The source presents arguments in both directions.

One may argue eventual intent because Aemond attacked with the largest living dragon while pursuing a much smaller dragon, accepting the risk of fatal harm.

One may also argue conscious negligence because his reaction after the death suggests panic and regret, which may indicate he expected the outcome not to occur.

Key takeaways

  • Dolo eventual occurs when the agent foresees a possible result and accepts the risk of producing it.
  • Culpa consciente occurs when the agent foresees the possible result but sincerely expects it will not occur.
  • Both categories involve foresight, so evidence of the agent's subjective attitude is central.
  • The House of the Dragon example is pedagogical, not a legal judgment on a fictional jurisdiction.

Translation note

Adapted for international readers. Dolo eventual and culpa consciente are preserved as Brazilian criminal-law categories with explanatory translations.

Topics and entities

Cultura Jurídica, Séries e Sociedade#House of the Dragon#dolo eventual#culpa consciente#criminal intent#negligence#risk#criminal evidence#Brazilian criminal law

Frequently asked questions

What is dolo eventual?

It is eventual intent: the person foresees a possible result and accepts the risk of producing it.

What is culpa consciente?

It is conscious negligence: the person foresees the risk but sincerely believes the result will not happen or can be avoided.

Why is the distinction hard?

Because both categories involve foresight; the difference lies in whether the person accepted the risk or expected to avoid it.