Crimes empresariais e a imputação penal de pessoas jurídicas: uma análise a partir da responsabilidade penal no caso da tragédia de Brumadinho

Abstract

The present study aims to explore the criteria of imputation in criminal law, focusing on the criminal liability of legal entities in corporate crimes, with emphasis on the challenges faced in holding powerful economic agents accountable. The first chapter addresses the concept of legal entity and the theory of objective criminal imputation, analyzing the relationship between normative and naturalistic causality. In the second chapter, subjective criteria such as intent and negligence, essential for fair accountability, are explored. The third chapter examines the liability of powerful economic agents, analyzing Brazilian legislation and its controversies, especially in the context of the Brumadinho tragedy. Regarding the methodology, the research combines a case study and bibliographical review, contributing to the doctrinal discussion on the mechanisms of criminal liability in corporate crimes. This study aims to contextualize the main doctrinal currents, examine the criminal liability of legal entities, and analyze the application of judicial criteria in the Brumadinho case. Based on the results, although the disaster was of great magnitude and caused significant damage, Vale's liability was limited to the civil sphere, highlighting resistance to the full recognition of corporate criminal liability. The Brumadinho case underscores the need to continue reflecting on the effectiveness and adequacy of criminal sanctions for corporate crimes. Thus, the decision to handle the case in the civil sphere proved the difficulty in admitting corporate criminal liability in the Brazilian legal system, reflecting the doctrinal disagreement on the applicability of penalties to legal entities.