Análise da responsabilidade penal da pessoa jurídica nos crimes contra as relações de consumo.

Abstract

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.