As denúncias gerais e a individualização das condutas nos crimes praticados em estruturas empresariaisa interpretação do artigo 41 do CPP pela jurisprudência do STJ e do STF

Resumo

This work initially aimed to identify the specific elements of objective typicity in the completed dolus commissive and improper dolus omission offenses, which must be concretely stated in the indictment, in order to fulfill the sine qua non condition of suitability and validity for its processing, as determined by Article 41 of the Criminal Procedure Code. Subsequently, the investigation progressed to the analysis of the jurisprudence of the Supreme Federal Court (STF) and the Superior Court of Justice (STJ) regarding the challenge to the suitability of indictments that, prima facie, do not meet the requirements of Article 41 of the Criminal Procedure Code, notably concerning the individualization of the conduct attributed to corporate officers. The hypothesis sought to assert that the creation of the general indictment figure had significant impacts on the interpretation given by the courts to Article 41 of the Criminal Procedure Code when dealing with corporate crimes. A qualitative analysis of the STF and STJ jurisprudence was conducted regarding the declaration of (in)suitability of indictments and the individualization of the conduct attributed to members of the corporate organization who, according to the accusation, have committed crimes based on and by virtue of the corporate entity. Once the hypothesis was confirmed and the use of general indictments was rejected, hypothetical indictment structures were developed that are suitable (i.e., comply with the requirements of Article 41 of the Criminal Procedure Code) in fictional cases of offenses committed through corporate entities, in concert with individuals, who have committed their conduct in a commissive and improper omissive manner.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36074

Palavras-chave

Individualização de condutasCrimes societáriosDenúncias gerais e genéricasInépciaIndividualization of conductCorporate crimesGeneral and generic indictmentsIneptitudeDireitoResponsabilidade das sociedades comerciaisDireito penalCrime por omissãoSociedades comerciais - Legislação