A responsabilidade penal das pessoas jurídicas por abuso de poder econômico contra o consumidor à luz da teoria dos mandados de criminalização

Abstract

The search for solutions that effectively protect the consumer from situations of abuse of economic power has found in economic law and economic criminal law a fertile field to find them. This, by addressing mass situations that require a rapid legal response, ends up filling a doctrinal and legislative void in consumer protection. The very nature of economic criminal law, dynamic and malleable, makes it possible to welcome the protection of the juridical good of consumption, which must be considered as a fundamental right. The notion of the right to consumption as a fundamental right and therefore vector of the dignity of the human person, inserts the legal good under analysis in the scope of the protection of criminal law, given its relevance, but not the traditional criminal law, but the modern criminal law, attached to the nine forms of abuse against the consumer. In this area, a constitutional criminalization warrant is complied with and the most effective combat in the sphere of consumption is allowed. The aforementioned fight reaches, therefore, the criminal accountability of the legal entity, without which, the protective void would continue to be gestated in our system. Accountability that demands to identify the volitional element of the company, along with the existing legal instruments. Finally, the accountability of the legal entity would become sterile within the existing legal system, in such a way that the consensual criminal law would efficiently and fruitfully resolve the criminalization of abusive conduct in the field of consumption.