Corporate Criminal Liability: a study on the culpability institute / Responsabilidade penal da pessoa jurÃdica: um estudo sobre o instituto da culpabilidade / Corporate Criminal Liability: a study on the culpability institute / Responsabilidade penal da pessoa jurÃdica: um estudo sobre o instituto da culpabilidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The Corporate Criminal Liability is a relevant theme for the criminal Law and it presents a challenge for the Criminal dogma. The Modern Liberal Criminal Law does not conceive the corporate as criminals. Only the ones who have conscience and free will are able to perceive the illegality of an act, and therefore, might be considered the perpetrator of a crime. Due to the logical XVIII Century liberal ideology, through the Positivism, the objective criminal liability paradigm- then accepted- changed to the ontological subjective one. Within this historical context, the corporate, that during the Middle Age was criminally liable, lost its economical, social and political influence. The Culpability Psychological Theory has faced the Objective Liability Conception with the new approach of the psychological causal conception, subsequently reshaped by the Normative Theory. From the Action Causal- Finalist Theories, the Neo-Kantian influence, and the social action conception, the present criminal dogma has emerged. From World War I, the corporate began to have strong economical activities with the State intervention. Hence, the Economical Criminal Law started to study the corporate criminality. This work intends to align the Criminal Dogma with the new Culpability, Action and Crime conceptions, to conceive the Corporate Criminal Liability

ASSUNTO(S)

culpabilidade economical criminal law corporate criminal liability direito penal econÃmico responsabilidade penal da pessoa jurÃdica culpability direito penal

ACESSO AO ARTIGO

Documentos Relacionados