A (in)compatibilidade da responsabilidade penal da pessoa jurídica com a teoria geral do delito

• Autor(a) principal: Oliveira, Antonio Fábio Fonseca de
• Data de Publicação: 2010
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/57499
• topic: Responsabilidade penal; Pessoa jurídica; Direito penal

The legal person has an important role in post-industrial society, both in the economic, social or political. In the process of globalisation of the economy, rose the crimes committed by and on behalf of the legal person, especially against the environment. In this context, the Federal Constitution of 1988 established the criminal liability of legal person for crimes against environmental and economic order and financial, providing a review of elements of traditional dogmatic criminal. However, the doctrine reluctant to accept the criminal liability of the legal person, saying it is incompatible with the principies that govern the criminal law, in particular with the subjective personal responsibility and the guilt. Based on the assumption that only the individual is able to pursue a criminal conduct, and that the legal person has no capacity for guilt. Because of these changes, new voices are demanding a new criminal law that meets the demands of the post-industrial society, but not eliminate the basic guarantees. The criminal liability of legal person is perfectly possible in criminal law which is to prevent the general society. In addition, other subsystems already accept perfectly legal to civil or administrative liability of the legal person based on its own culpability. With the edition of Law 9.605/98, the doctrine and jurisprudence Brazilian carne to accept the existence of an own culpability in the criminal field for the legal person. Thus, to require proof of three elements: a) that the violation stems from resolution of contractual or legal representative of the legal person; b) that the individual author of the violation is tied to the legal person; and c) that the offence is committed in the interest or benefit of the legal person. However, against the principie of double-imputation, should clearly specify what elements within the social responsibility of the legal person in order to differentiate the elements of guilt of the individual author.