The contribution of the theory of functionalism to the criminal responsibility of the juridical person

Abstract

The purpose of this article is to make theoretical contributions about the contribution of the theory of functionalism to the criminal liability of legal entities. In this context, it was questioned to what extent the theory of functionalism contributed to the criminal liability of the legal entity in the current scenario of the risk society? By the deductive method, using qualitative research through bibliographic review, the sociological aspects of the current risk society and the epistemological evolution of the theories of crime were analyzed. The legislative and jurisprudential evolution on the criminal liability of the legal person is approached, with emphasis on the theories of self / heteroresponsibility to, at the end, present as a research hypothesis, the contribution of the theory of functionalism in matters of criminal liability of the legal person. It is concluded, therefore, that the theories of Gunther Jakobs and Claus Roxin, despite the existence of distinct doctrinal currents, Roxin's proposal contributes significantly to the adoption of a criminal policy in the theory of crime, in order to attribute the criminal liability of legal entities for self-responsibility in the modern risk society.