Responsabilidade penal da pessoa jurídica : uma visão constitucional

Abstract

The present work presents several theories about the criminal liability of legal entities, and the objective of this work is to carry out a doctrinal discussion on the legality and legality of the penalization of these entities, under the prism of several experts in the field so that it is possible to contribute to this doctrinal debate. It is assumed that the restrictive penalty on the freedom of legal entities is not fully acceptable, since there is no material element in these entities and the judgments tend to punish the managers of these entities by disregarding the legal personality, which can be an act not fully supported by legislation. The research method and instruments used were bibliographic and qualitative research on the subject, seeking to carry out a doctrinal discussion with a consistent theoretical basis and capable of providing a full understanding of the discussion carried out. Finally, it is concluded that the debate on this topic is wide and that many doctrinal positions collide as to the legality of criminal imputation for legal entities, even with favorable positions of the STF and STJ on the possibility of criminally punishing these entities.