A teoria da vontade na responsabilidade penal da pessoa jurídica

Abstract

The decision of fucusing such a complex subject as the corporate intent theory has not been at random, once, in 2008, twenty years of existence of article 225, §3 and, concomitantly, ten years of creation of environmental criminal law which, expressly, sets forth the artificial person criminal liability, will be celebrated. To discourse on the current importance of the subject is innocuous in times of deep environmental crises with climatic changes felt throughout all Continents. However, in globalization time, has the corporation assumed its political correct role of nonpolluter? Furthermore, how has the legislation of countries which have faced environmental problems dealt with the artificial person issue? These will be some of the questions answered in this paper which will present a preliminary analyses on what is the artificial person criminal liability in the individual ambit, this is, the piercing of the corporate veil. Further, we will study the acceptance of the Brazilian legal procedure as to the artificial person criminal liability as present a parallel to Comparative Jurisprudence. Thus, we will be able to approach the core of the subject: the artificial person and the philosophical approach. Does a collective being have its own free will? How do the doctrine and the legislation itself react in face of the subject? At last, we will suggest the solution viewed by Legal Philosophy as to the artificial person criminal liability in Brazilian Law