Criminal compliance no ordenamento jurídico brasileiro: uma análise sob a perspectiva da responsabilidade penal da pessoa jurídica.

Abstract

Criminal compliance is a practice oriented towards an innovative preventive character in criminal law facing organizations, however, the bases of its operations are limited by a necessary theoretical understanding of the criminal corporate responsibility. Such an imbroglio poses a wide discussion about corporate criminality, since there are theories in at least two poles of divergent positions. On the one hand, there are those who argue that corporations are fictitious entities and, therefore, cannot be held responsible, in Brazil, for crimes, because they do not meet the criteria of the criminal dogmatic of Brazilian law. On the other hand, there are those who understand that the problem is precisely due to excessive attachment to dogmatic orientation and as such the criminal responsibility of the corporations requires an innovation in law, so that theories, understandings and consequently appropriate regulation are produced. In this way, the present study starts from the following research question: what are the conditions of possibility of criminal compliance if understood as a mechanism associated to the criminal responsibility of corporations? Seeking such a response we had the objective of examining such conditions of possibility, operating methodologically with an inductive approach and the methods of monographic and comparative procedure, in addition to bibliographic and documentary research techniques. The main results point to a necessary production of innovation in the figure of criminality applied to corporations, notably for the constitution of a specific crime theory, which we conclude that it is urgent to focus on the criminal responsibility of the legal person as soon as possible, in order to regulate and systematize it.