Responsabilidade penal da pessoa jurídica

Abstract

The increase of the industrialization has been bringing with itself a new criminality species, the one that involves the activity of the companies. It is recognized that the traditional preventive system, based on civil and administrative punishments, is insufficient to generate a preventive effect against that modern criminality. Due to the need of protecting the main juridical goods harmed by that phenomenon, which are the environment and the order economical, several countries have been consecrating the penal responsibility of the legal entities. In the Brazilian right, the penal responsibility of the corporations was foreseen in the Federal Constitution of 1988, which represent a break of the anticle rule adopted, the one of the societas delinquere non potest. The new paradigm dictated by the legislator has, however, caused divisions in the doctrine and in the jurisprudence, generating the appearance of currents that preach that there was the adoption of the institute for the juridical system in a definitive way, as well as another that defend that the constitutional rules didn't intend this kind of responsability. Who defends the moral person's possibility to offend prescribes that the traditional theory of the crime should be abandoned. Tends in view that the legal entity and the natural person have different natures, should that be responsible with base in other requirements, in continuation to the rule of the equality, that no the guilt and acting guided by a will. New requirements are made necessary to make responsible the collective person, without causing lesion to the juridical safety. The full application of that institute also needs larger legislative details about the feathers, for doubts in the jurisprudence being avoided.