MARTINIANO, L. B.; http://lattes.cnpq.br/6415572770461027; MARTINIANO, Laryssa Braga.
Resumo:
The present study will examine the criminal liability of legal entities in cons crimes
consumer relations.From the premise that the 1988 Federal Constitution established
the criminal liability of legal entities for crimes against the economy, among
others.For this, we analyzed the doctrinal and jurisprudential positions on the matter.
Watching the classic elements of criminal dogmatic and the compatibility of the
criminal liability of the Institute's collective being with the Brazilian legal
system.Considering the issue of Law Nº. 9.605 / 98 (Law of environmental crimes), to
make evaluations of the application of the institute in the Brazilian legal system and
the possibility of extending the application to achieve the unlawful acts committed
against consumer relations. With general purpose of protection of society that has
the criminal law, the position occupied by the collective entities in modern society and
the incidence of crimes committed by and for the benefit of companies and against
consumer relations will conclude the necessity of employing criminal liability of legal
entities within the consumer relations, especially in typed in the Consumer Protection
Code (Law Nº. 8,078 / 90). The research used the deductive method, therefore, the
analysis of general concepts to culminate in central theme of the work. The research
technique was observed to indirect argument and literature, in which I use the
doctrine, case law and national legislation.It was observed that for the criminal
liability of legal persons for crimes committed at the expense of consumer relations
editing specific law is necessary, as happened in the cases of crimes against the
environment, given the requirement of a previous legal imposition.