The generic denouncement in the corporate offenses as obstacle to the concretization of democratic penal process

Authors

  • Bruno Seligman Menezes Faculdade de Direito de Santa Maria (FADISMA)
  • Cristiane Penning Pauli

DOI:

https://doi.org/10.18316/961

Keywords:

full defense, generic denouncement, penal process

Abstract

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.

Author Biographies

Bruno Seligman Menezes, Faculdade de Direito de Santa Maria (FADISMA)

Graduado em Direito (2005) pelo Centro Universitário Franciscano (UNIFRA); Especialista em Direito Penal Empresarial (2007) e Mestre em Ciências Criminais (2010), ambos pelo Programa de Pós-Graduação em Ciências Criminais da Pontifícia Universidade Católica do Rio Grande do Sul (PUCRS); aluno regular do Curso de Doutorado da Universidad de Buenos Aires (UBA)

Cristiane Penning Pauli

Advogada Empresarial. Graduada em Direito (2010) pela Faculdade de Direito de Santa Maria (FADISMA); Especialista em Temas Emergentes de Direito Empresarial (2012) pelo Centro Universitário Franciscano

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Published

2013-11-08

Issue

Vol. 1 No. 1 (2013)

Section

Articles

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