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Environmental protection and criminal liability of legal entity

Grant number: 11/21134-0
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): August 01, 2012
Effective date (End): July 31, 2013
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Daniel Pacheco Pontes
Grantee:João Otávio Torelli Pinto
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The present work aims at an analysis critical of the criminal responsibility of legal entities, analyzing the effectiveness of the protection under criminal enterprise and its suitability to fight crime today. Thus, a study will be more specific regarding the criminal liability of legal entities in environmental law, starting from a historical context of the mission of criminal law, the legal function of penalty and well protected. Questioning what the possible penalties to apply in relation to the legal entity and to what extent the criminal responsibility is not merged with a management accountable. The project will be developed based on literature searches, mostly by Brazilian authors, while, however, to review the implementation of this topic elsewhere. However, it is not a study of comparative law, but of deeper analysis of the parental right.(AU)

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