Responsabilização penal no âmbito da criminalidade corporativa

Abstract

The present study aims to analyze the criminal responsibility imputation of hierarchical superiors in business structures, both for commissive and omissive crimes, from a theoretical research with a review of the legal-dogmatic literature on the application of the theory of the domain of fact in comparison with the traditional conception of the contest of people foreseen in the Brazilian Penal Code. From this analysis, renewed legal-dogmatic strategies will be suggested in order to solve concrete situations of criminal liability in business scenarios. In view of this, at first, the criteria of incidence of the theory of the domain of fact and the distinctions of the differentiating author system will be examined, as well as the forms of criminal imputation in the light of the aforementioned theory and its applicability in business structures. Subsequently, with regard to commissive crimes by omission, supported by the theories about improper omissive liability, their assumptions and application requirements will be explored, considering the position of guarantor of business leaders, notably the content of the legal duties of their holders, in addition to the regulatory provisions.