A (in) aplicabilidade do princípio da intranscendência da pena às pessoas jurídicas sancionadas à luz da lei 12.846/13

Abstract

This article tries to understand the practical application of the adoption of the objective modality of responsibility by the law 12.846 / 13 regarding the sanctions of legal entities. To reach this goal, Hegelian dialectic methodology was employed. It was first necessary to understand the differences between the types of legal, subjective and objective liability, as well as the peculiarities that exist in the various fields of Law, given the emphasis on Administrative Law. That said, it was essential to explain in general the Sanctioning Administrative Law, in order to understand the nature of its sanctions, to finally elucidate the constitutional principles usually linked to Criminal Law, but which directly affect administrative sanctions. In addition, a parallel was drawn to the punitive purpose of administrative sanctions with criminal offenses. In addition, it seeks to understand the logic behind the constitutional principle of the pen's intranscendence, linking its purpose in Criminal Law with Administrative Law. For this purpose, a number of arguments were presented favorable and contrary to the application of the principle mentioned in the cases of infractions provided for in Law 12.846 / 13, the anti-corruption law.