Responsabilidade penal da pessoa jurídica: análise da teoria tripartite do crime e sua aplicação na legislação penal.

Abstract

The changes in the social context are quite evident, mainly due to the episodes, whether in the environmental sphere or in the financial market, that caused incisive harm to the protected legal assets, putting human lives at significant risk, even causing fatalities, thus highlighting the problem of the criminal liability of the legal entity. The present research aims to analyze the possibility of including and implementing the criminal liability of the legal entity in the tripartite theory of crime. In this sense, the reach that a company holds, given its vast network of information and interpersonal relationships, is extremely relevant in the national scenario and is precisely covering the most delicate legal assets, making it necessary to regulate the criminal normativity of a more ostensive branch that can respond accordingly, thus instigating the emergence between the lines of the penal code. To carry out the research, a qualitative approach was adopted, since it is a basic research, using the deductive method; the procedure was bibliographic with documentary analysis. The work was structured by presenting a time frame, in order to demonstrate that the criminalization of the collective entity already existed and has remnants in the Brazilian legal system; the way in which countries that adhere to the tripartite theory deal with and receive the criminal liability of the legal entity was analyzed; it was demonstrated that there is a possibility of normative and theoretical fit within the tripartite theory of crime, safeguarding the necessary adaptations and the way in which the national legal system currently deals with such legal institution, through the main jurisprudential decisions that increasingly legitimize such criminalization.