A possibilidade de aplicação da teoria do domínio do fato aos crimes cometidos através de empresas

Abstract

The following work has as a goal to examine the possibility of applying the theory of the domain of the fact to the imputation of perpetrators in crimes committed through companies. For this purpose, initially, consideration will be given about risk societies and economic criminal law. Moreover, there will be a focus on the of the expansion of criminal law, with the guardianship of legal assets and the regulation of the economical activity, making a sharp change in the idea of criminal law as the last ratio. Besides, will be made reflections about the insufficiency of the traditional criteria to impute crimes, relating them to the structure of big companies and the way decisions are made inside these organizations. Furthermore, there will be an analysis of the allegedly insufficiency of the traditional criteria when confronted with criminal actions taken place in organized companies. After that, there will be an examination about the theory of the domain of the fact, regarding the context of its emergence and its facets. Thus, we will get in the specific theme of the application of this theory as a solution to the obsolescence of the traditional criteria of criminal imputation, analyzing the possibility of its utilization to impute crimes to those who occupy command positions in organized companies.