A pessoa jurídica é penalmente responsável pela participação?

Abstract

This paper aims to clarify "whether" and "when" occurs the corporate criminal liability (ccl) for participation in Brazilian Criminal Law, under the paradigmatic approach of hetero-liability. As to the "whether" question, it is shown that the doctrine's positions vary from rejection of the possibility of ccl for participation in a crime to a position that supports not only the attribution of responsibility, but also of the title of criminal intervention. As to the "when", it is shown that the discussion is limited to the significant extension of the existing criteria of liability in art. 3, of the Brazilian Environmental Crimes Law. It is argued, in the end, that the paradigm of hetero-liability offers inconsistent delimitation of ccl for participation, opening space for disproportionate scenarios of punishment to the legal entity.