A nova processualística penal e a pessoa jurídica

Abstract

The theme of the penal liability of the business entity won notorious development in the national juridical scenery specially after the Federal Constitution of 1988, admitting it in two different devices, treating, respectively, of the economical and tax arder (art. 173, 5th) and of the environment (art. 225, 3th). However, it was only after the edition of the Federal Law 9605/98 about the crimes commited against the enviromnent that this theme was in evidence, through the discussion of the subject and even admitting the punishment of the business entity under the penal aspect. On the arder hand, there were many other discussions about this theme for there were no appropriate procedural norms to include the business entity as an integral Part of the passive polarity of the criminal procedure. Based on the ebsence of norms we started to develop the present study, pointing out the legislator' s main flaws and the possibility of penal persecution of the business entity, even in the most controversial aspect of the criminal existence: its way of persecution. At the garoe time, trying to understand the legislator' s intention in the new criminal procedural, having in mind that the moral person should be in a distinct position in the penal juridical relationship, compared to the normal ways of prosecution to the natural person, we tried to establish the content in use because our Penal Process Code is pointed exclusively to the natural person, creating a real theorization of the penal procedure systens, so that there is the possibility to visualize the business entity under íhe most penal procedural aspects. The study goes from the Positive Right, presenting empirically any problem and eventual solutions found with the new coexistence of business entity in the penal persecution