The criminal incapacity of legal entities

a perspective of Brazilian law

Authors

  • René Ariel Dotti

Keywords:

Criminal incapacity, Legal entity, Culpability, Human conduct, Brazilian law

Abstract

The text examines the criminal incapacity of legal entities in Brazilian law, criticizing the tendency to neo-criminalize the collective entity as a way of overcoming procedural obstacles to identifying authorship in offenses of multiple conduct. It demonstrates that this attempt offends constitutional principles and guarantees, such as equality, humanization of sanctions, personality of punishment, and the right of recourse, as well as rules of application of criminal law, the theory of crime, penalties, and criminal procedure. It analyzes current legislation and the reforms of the Special Part, concluding that crime is the property of the human being, since conduct, culpability, and criminal sanction are incompatible with legal entities.

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Author Biography

René Ariel Dotti

Professor Titular de Direito Penal; Membro da Academia Paranaense de Letras.

References

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Published

1995-04-01

How to Cite

DOTTI, René Ariel. The criminal incapacity of legal entities: a perspective of Brazilian law. Brazilian Journal of Criminal Science, São Paulo, v. 11, n. 11, p. 184–207, 1995. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3414. Acesso em: 20 oct. 2026.
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