A pessoa jurídica como sujeito passivo dos crimes contra a honra.

Abstract

This scientific research possesss as central focus the constatacao of the possibility of the legal entity to appear in polo passive of determined defamations, which is the calumny and the defamation. Through the exegetico-legal method, with the use of codes, concernentes doctrines and virtual articles to the legal being, one searchs to base and to emphasize the necessity of a urgent solution to the legal omissions of devices that turn specifically on the subject. Considering the importance of the legal entity face to the current phenomenon of the social eoletivizagao, the inherent rights to its personality must duly warned be guaranteed inexistence and retrocession of the legally constituted being. With this pretension, general concepts and slight knowledge will be approached on the legal entity and its personality, in the same way that the new trends of the modern criminal law will be analyzed, that objectify to decide divergences of legal fulcrum. In face, still, of the Brazilian legal system to have adopted clearly the theory of the reality technique, considering itself it legal entity as carrying real being of subjective rights, inquestionavelmente fits the criminal responsabilizagao of the person who to stain the honor of this. In the specific case of the calumny crime, the legal entity still lacks to be passivel of criminal responsabilizagao, rank that has of being agent in diverse crimes to be victim in this delict. It presents itself, also, the current situation of the institute of the legal entity front to compatible the exclusive rights, in view of its nature. But in relation to the injury delict, still he has doctrinal resistance in admitting that the legal being can be victim of this crime, for not carrying objective honor. However, injury that offends subjective and objective honor in the same way must be punished the the least as defamation. It is distinguished the advances given for the foreign legislation in relation to this subject, where already the legal entity in polo admits itself in express way passive them defamations. Finally, it is observed new jurisprudencial optics that manifest decisions favorable to the possibility of if considering the legal being as carrying of honor that must duly be tutored person.