Culpabilidade e a responsabilidade penal da pessoa jurídica
Common Law countries are familiar to the notion of criminal liability of moral entities within Criminal Law. However, this is not the Brazilian model, a Civil Law State. Nevertheless, since 1998 it is possible for legal entities to commit crimes, and more specifically, crimes against the environment...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
Policía Nacional de Colombia
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4166920 |
| Source: | Revista logos ciencia y tecnología, ISSN 2145-549X, null 3, Nº. 1, 2011, pags. 186-202 |
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| Summary: |
Common Law countries are familiar to the notion of
criminal liability of moral entities within Criminal Law.
However, this is not the Brazilian model, a Civil Law State.
Nevertheless, since 1998 it is possible for legal entities
to commit crimes, and more specifically, crimes against
the environment, and to be held responsible for them,
alongside with the agent who did in fact commit the crime
on the moral entity´s behalf. The Brazilian model is a
strict liability one and to convict moral entities of crimes
is a clear violation of the Constitution, which contains
the culpability principle nullum crimen sine culpa. In this
article, we present other models of culpability, with special
emphasis on the compliance programs, so that the
strict liability – unconstitutional for that matter – can be
removed from the Brazilian Criminal Law. |
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