Pessoa Jurídica de Direito Público: Uma Análise Jurisprudencial sobre a Responsabilidade Penal

Abstract

The present study enters the possibility of criminal liability of legal entities of public law in Brazil. The issue is new and somewhat controversial, since there is the constitutional provision of criminal liability of legal entities. However, there is no distinction on the legal nature of the judged entity. Through literature research, this study seeks to demonstrate the history of criminal law as well as the philosophical and constitutional foundations that motivated its validity to be of subjective character, indicating that only the human person is capable of unlawful conduct. Furthermore, starting from the understanding of the antinomies concerning this topic, the jurisprudential position on the subject in a society that is in constant transformation was studied.It was concluded that part of the doctrine still questions the possibility of accountability of the legal entity since it concurs with the classic principle “societatis delinquere non potest” and the principles of personhood and guilt. However, the national law indicates – in a different way – for this criminal liability of the legal entity, and in the case of environmental crimes, eliminates the need for double charging. Regarding the legal entity of public law, it is observed that there are no obstacles for such accountability, as the Law No. 9605 does not exclude political entity. Hence, it is perfectly conceivable that this entity commits criminalized fact in the development of its activities.