Da impossibilidade da responsabilidade penal da pessoa jurídica

Abstract

The present work seeks to defend the impossibility of accountability of the juridical person in the criminal sphere. In this sense, the main arguments and theories favorable and unfavorable to the criminal responsibility of that entity will be exposed and commented upon, in which opportunity we will focus on the main assumptions of the existence of the crime, especially guilt, and the constitutional rights and guarantees pertinent to the subject, especially the individualization of the sentence and the minimum state intervention. Before we conclude, let us briefly mention the alternative means to that accountability. In the end, it will be clear that the Classic Criminal Law, especially with regard to the theory of crime, was not designed to embrace in its bosom this "new" passive subject, but only the human person. In addition, other branches of law are perfectly adequate and effective to solve all the problems related to the subject. Contrary understanding leads to violation of constitutional principles guiding the Democratic State of Law, with which we can not agree