Introduction

Corporate Criminal Law is a branch of Criminal Law dedicated to the analysis of criminal offenses committed within the scope of business activities and by legal entities, especially corporations and business partnerships. 

To a large extent, this is an area that has gained prominence in recent decades, mainly due to the complexity of economic relations, the globalization of markets, and the increased concern for social responsibility and corporate ethics.

Historically, Criminal Law has focused exclusively on the criminal liability of individuals for committing everyday crimes, such as drug trafficking, homicide, theft, and robbery. 

This was justified by the theory of culpability, which requires the capacity to understand the illicit nature of the act and to self-determine according to that understanding – human attributes, therefore, incompatible with the legal entity. However, the increasing incidence of crimes committed in the context of large corporations and with significant social impact has led legal systems to rethink this limitation.

Much of this growth can be attributed to the notable scandals that have come to light in recent years, especially due to cases such as Mensalão, Lava Jato, and Caixa de Pandora.

Legal Context of Corporate Criminal Law

In Brazil, the 1988 Federal Constitution opened the door to the criminal liability of legal entities in environmental matters, as per Article 225, § 3, which states that conduct and activities harmful to the environment will subject offenders, whether individuals or legal entities, to criminal and administrative sanctions. Law No. 9.605/1998 (Environmental Crimes Law) regulated this provision, expressly authorizing the application of criminal sanctions to companies.

Doctrinal and legislative evolution now allows for the recognition of the criminal liability of legal entities not only in the environmental sphere, but also in other areas, such as crimes against the economic order, against the financial system, against public administration, and money laundering. The Anti-Corruption Law (Law No. 12.846/2013), even though it provides for administrative and civil liability, demonstrates the recognition of state action against harmful practices committed by companies in the corporate environment.

Corporate Criminal Law, therefore, involves both the criminal liability of the legal entity and the liability of individuals acting on behalf of or in the interest of the company. This includes partners, administrators, directors, managers, and other employees who, in the exercise of their duties, commit illegal acts.

Among the main crimes related to Corporate Criminal Law, the following stand out: crimes against the environment, against consumers, against the national financial system, against public administration and in bidding processes, against consumer relations and the economic order, and those of a tax nature.

Characteristics of corporate crimes

The criminal liability of legal entities, however, raises a number of dogmatic questions. The main one is the compatibility between the assumptions of culpability and the nature of the legal entity. How to resolve the apparent paradox between the requirement of intent or negligence and the impossibility of "understanding" on the part of the company?

Several theories have been formulated in an attempt to overcome this challenge. The theory of objective imputation proposes that the criminal liability of a legal entity does not require the imputation of intent or negligence, but rather the verification that the act falls within the risk authorized by the business structure. The theory of the defective organizational model, on the other hand, argues that criminal liability stems from the lack of effective control and compliance mechanisms within the company.

In this context, criminal compliance emerges as an essential tool to prevent corporate crimes. It involves adopting integrity, auditing, and internal control measures to ensure that the conduct of the company and its members complies with criminal law. Effective compliance programs not only prevent crimes from occurring but can also serve as a defense argument or mitigating factor in potential criminal liability.

Inspection and main cases in Brazil

Corporate criminal law, therefore, imposes new challenges on the criminal justice system, which needs to adapt its investigative, accusatory, and sanctioning methods to the peculiarities of business activity. This includes, for example, the need for collaboration between different control bodies (Public Prosecutor's Office, Federal Revenue Service, Comptroller General's Office, Federal Court of Accounts, Central Bank, Securities and Exchange Commission), as well as the acceptance of leniency agreements and plea bargains with legal entities.

In Brazil, some emblematic cases illustrate the role of Corporate Criminal Law, such as Operation Lava Jato, which revealed corruption schemes involving large construction companies and state-owned enterprises, resulting in the conviction of business leaders and the imposition of sanctions on corporations. Another example is the case of the Samarco/Vale mining company, where the environmental tragedy in Mariana/MG led to the criminal liability of individuals and legal entities.

From a punitive standpoint, the penalties applicable to legal entities include fines, forfeiture of assets, suspension of activities, closure of establishments, prohibition from contracting with the Public Authorities and, in the most serious cases, compulsory dissolution. For the individuals involved, the traditional regime of imprisonment, restrictions on rights or fines applies.

Corporate criminal law is not only repressive. It also has an educational and preventative function, promoting a culture of legality, ethics, and responsibility in business relations. In a globalized and interconnected market, reputation and legal compliance are fundamental assets for the sustainability of corporations.

It should be noted that, even if the company is penalized for the illegal acts committed, this fact does not exempt the partners, directors, and shareholders from liability if it is found that they participated in the criminal conduct directly or indirectly.

Conclusion

In conclusion, Corporate Criminal Law represents a necessary evolution in the face of the complexity of modern criminal offenses. By recognizing the criminal liability of legal entities and business agents, the legal system seeks to respond to social demands for justice, accountability, and the protection of relevant legal assets. It is a constantly evolving field that requires interdisciplinary knowledge, integrated action from different institutions, and a commitment to promoting a fairer and more transparent economic environment.

BIBLIOGRAPHIC REFERENCES

BALDAN, Édson Luís. Fundamentals of Economic Criminal Law – Curitiba: Juruá, 2005.

BITENCOURT, Cezar Roberto. Treatise on Economic Criminal Law – Vol. 2 – São Paulo:

Saraiva, 2016.

CALLEGARI, André Luís. Organized Crime : Typicality, Criminal Policy, Investigation and Prosecution – Brazil, Spain and Colombia – 2nd ed. – Porto Alegre: Livraria do Advogado Editora, 2016.

GRECO FILHO, Vicente. Comments on the Organized Crime Law : Law No. 12.850/13 – São Paulo: Saraiva, 2014.

THOMAS, W. Robert. How and why corporations became (and continue to be) persons for criminal law. Scientific Journal of CPJM , v. 3, n. 13, p. 13-80, 2025.

ZAFFARONI, Eugenio Raúl. PIERANGELI, José Henrique. Manual of Brazilian Criminal Law, general part – 13th ed. rev. and updated. – São Paulo: Thomson Reuters Brasil. 2019.