This article has as primary purpose analyze the "public office with high responsibility"
category, which is jurisprudentially used as factual element that denotes "intense
culpability" in the base-penalty’s fixation process. The study of the topic proves to be
relevant, since the erroneous conversion of this category into a moral hypothesis of
raising the base-penalty causes damages to the defendant, violating the principles of
legality and ne bis in idem, in addition establishes a random relationship between the
administrative responsibility, inherent to the public office held by the defendant, and
the criminal responsibility, with repercussions on the censorship grade of the conduct
when filling the meaning of culpability present in article 59 of the Brazilian Penal Code
(CPB). The study characterizes itself as a bibliographic research, of qualitative nature
and it was produced from the analysis of three different judicial decisions, which uses
the thesis of the high responsibility public position as denoter of intense reprobability
of the criminal conduct, in the passive corruption crimes.
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