Internacionalização do direito penal e a lei anticorrupção brasileira: reflexões sobre a responsabilidade penal da pessoa jurídica

Abstract

The purpose of this study is to investigate how international law is capable of influencing the construction of domestic criminal law, especially in the field of combating corruption, and how this link affects the accountability of legal entities. To reach this scope, it analyzes the notion of sovereignty and globalization and the birth of a "world law", outlining the process of internationalization of criminal law. It then establishes a multidisciplinary concept of corruption and investigates how this phenomenon has become a transnational problem, studying foreign and international laws on the subject. Law nº 12,846/2013 and the system of accountability of legal entities for corrupt acts in Brazil are examined, pointing out how international conventions on corruption have influenced domestic legislation. In the sequence, the issue of criminal liability of legal entities is analyzed in order to answer if such a measure has space in the Brazilian legal system to combat corruption. The subject will be approchead from the deductive method, starting from the examination of concepts and theories to subsidize the explanation of particular phenomena, consistent in concrete cases examined by national and foreign jurisprudence.