Autoria e participação em delitos empresariais: a responsabilidade penal individual nas relações verticais e horizontais

Abstract

The dissertation discusses individual criminal liability in the context of corporate crime and proposes solutions to distinguish between authorship and participation in order to be effective in the sentencing phase. For that, various aspects of the Economic Criminal Law and the characteristics of corporate crimes are analyzed. Complementing this research, the present work analyzes the theoretical load of the participation of different agents. The approach reaches both the hierarchical relationship and the horizontal relationship between the people who work with the economic activity. Regarding the hierarchical relationship, in view of the various illicit postures that businessmen and employees may adopt at the corporate level, the domain theory aspects are verified for both commissive acts and omissive acts, taming questions about delegability. On the horizontal relationship, besides a focus on the identification of authorship in complex business organizations, there is a discussion about the distinction of votes in the collegiate bodies.