The generic denouncement in the corporate offenses as obstacle to the concretization of democratic penal process
The contemporary criminal policy evidences the predilection for a new way of criminality with which the penal process is not prepared yet to deal with. The corporate crimes reflect a large segment of this contemporary criminal law, in which there is a need to criminalize individuals for any actions...
| Autores: | , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2013 |
| País: | Brasil |
| Recursos: | Centro Universitário La Salle (Unilasalle) |
| Repositorio: | Redes (Canoas) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.revistas.unilasalle.edu.br:article/961 |
| Acesso em linha: | https://revistas.unilasalle.edu.br/index.php/redes/article/view/961 |
| Access Level: | acceso abierto |
| Palavra-chave: | full defense generic denouncement penal process Defesa Denúncia Processo Penal |
| Resumo: | The contemporary criminal policy evidences the predilection for a new way of criminality with which the penal process is not prepared yet to deal with. The corporate crimes reflect a large segment of this contemporary criminal law, in which there is a need to criminalize individuals for any actions taken on behalf of legal identities. If on one hand the principle of culpability requires clear and detailed definition by whom and how he/she committed the offense, in order to enable their full defense, on the other hand the rigor would end by contributing for the impunity of business leaders. This article investigated the relationship of criminal procedural principles of constitutional dignity in face of mechanisms created by forensic practice. It still attempted to analyze how the jurisprudence of the Superior Courts is facing this issue. Whereas the divergence is established in the scope of case-by-case analysis, we sought to define criteria to limit the accusatory actuation in this kind of crimes. |
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