Os princípios formadores do Direito Penal como critérios mínimos para análise da limitação da responsabilidade penal da Pessoa Jurídica no Brasil

Abstract

The present work proposes reflections on the compatibility between the criminal liability of the Legal Entity and the formative principles of Criminal Law tending to limit the State's punitive power. In this sense, the work has the general objective of analyzing which principles characterize the hard core and rector of Criminal Law in Modernity and what its developments in contemporaneity. Furthermore, it investigates whether, and how, the analysis of the responsibility of collective entities observes these principles. In addition, as specific objectives, the study points out possible illegitimacies regarding the criminal liability of Legal Entities and presents minimal features for a theory of criminal liability of such entities in line with Criminal Law. To do so, a contribution will be used aimed at protecting people's Human and Fundamental Rights and, with that, delimiting the objectives of Criminal Law in the area of protection of these Rights. From the methodological point of view, the study consists primarily of bibliographical research, favoring the deductive method and jurisprudential analysis. Initially, the guiding principles of Criminal Law and what characterizes the so-called Minimum Criminal Law were analyzed. Then, the so-called expansion of Criminal Law today and its impacts on the accountability of Legal Entities were analyzed. Meanwhile, the study highlights the impacts of this phenomenon on the so-called Corporate Criminal Law. Finally, the different theories on the criminal liability of the Legal Entity and its application in the national legal system are analyzed, in order to contribute to the debate about the need to establish minimum criteria for the criminal liability of the Legal Entity in the light of the principles that form the Criminal Law in the Democratic State of Law.