Responsabilidade penal da pessoa jurídica : pautas para sua efetivação no ordenamento jurídico brasileiro

• Autor(a) principal: Xavier, Angelo Rafael Neves
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/4896
• topic: DIREITO PENAL - BRASIL; RESPONSABILIDADE PENAL; PESSOAS JURÍDICAS; HABEAS CORPUS; DIREITO PROCESSUAL PENAL - BRASIL; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The criminal liability of companies introduced by the 1988 Constitution was established in crimes against the environment with the enactment of Law 9.605/98, so called the Law of Environmental Crimes. Since then, discussions about its possible or not, gained more emphasis on doctrinal and jurisprudential industry. Two opposing theoretical perspectives, one accepting the criminal liability of collective entities as a necessary evolution in criminal law, and another chain in the sense that such accountability does not agree with the dogmatic principles of criminal law, is therefore a setback in violation of the principles of classical general theory of crime. Despite the constitutional provision and the effective infra, environmental legislation has gaps regulations that require further attention from the criminal point of view. First, regarding the issue sanction in regard to the principle of legality, because there is no minimum and maximum limits in the law for capital punishment to collective entities. Moreover, the standard infra was totally silent with regard to procedural issues when present in a corporate hub of criminal liability, requiring operators to seek criminal law in other branches forms to fill that void. What goes against due process of law. In an exemplary manner the French system of charging a criminal entity has adapted law to receive the company in the Criminal Law system. Our legal system uses the analogy to cover the gaps. This figure as the central focus being worked on the premise that is accepted criminal responsibility of legal entities in our planning should be analyzed how effective will their correct application.