A incompatibilidade do domínio por organização no âmbito da criminalidade empresarial

Abstract

The main object of this dissertation is to analyze the extension of the domain theory of an organized power system – an immediate authored independent modality in which the executor of the fact is fully responsible – to business organizations. To this end, the historical evolution is exposed from the first concepts of the author in the criminal legal system to the creation of the theory of the domain of fact, notably the theory of domain by an organization, whose creation was inspired by two forms of manifestations of criminal organizations: those that boast state power and those called "State within the State". As a result, it was discussed the possibility of business organizations being considered criminal organizations, presents the main similarities and differences between such business societies. Then, the forms of responsibility of the leaders of business societies were presented, for commissive acts, in the light of the theory of the domain of fact. In the end, an analysis of all the assumptions of the domain theory by an organization and the (in)compatibility of this legal figure with the business crime.