Responsabilidade penal da pessoa jurídica

• Autor(a) principal: Oliveira, Talita Cristina de
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35722
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Crimes ambientais; (Ir) Responsabilidade Penal da Pessoa Jurídica; Environmental crimes; The Penal Responsibility of the Legal Entity

The present work aims at analyzing the Penal Liability of the Legal Entity, a very controversial theme which has aroused the attention of the doctrine worldwide, due to the relevant role performed by this juridical being on modern social organization, to which it has been attached on a conclusive way of criminality. The present time, in Brazil, is presented as a reaction form to the characteristics of a risky society, a regrettable flexibilization of the necessary purpose to the penal investigation. In this circumstance, the Penal Liability of the Legal Entity Institute, defended by a sector of the national doctrine and assumed by the dominant jurisprudence, arises as a preventive and symbolical instrument. However, it has been testified that the flexibilization of the structures and principles which are inherent to the Democratic State of Law, orientated by the idea of prevention, is denoted ineffective and unproductive, considering the absence of previous adaptation and transformation of the system disposed before the peculiarity of its nature. The classical issues of criminal investigation and of the administration of penal justice, which are revealed more intensively on astute criminality lately, constitute basic slopes in order to explain the unreasonable tendency of criminalizing the legal entity as a distinctive being of natural persons which compose them supported by the Federal Constitution and the Law 9605/98