Standards de prova na persecução penal de crimes societários

Abstract

This dissertation examines the possibility of establishing different standards of proof for the criminal prosecution of corporate crimes. To this end, employing bibliographical research, it analyzes the progressive academic evolution on the valuation of evidence in criminal proceedings, and how the establishment of specific standards of proof promotes epistemically and rationally justified decisions. The dissertation addresses the roles played by standards of proof and objective criteria for evaluating criminal evidence, as well as holistic and atomistic methods of legal reasoning. It then judges the existing scholarship on how to bypass the perceived difficulty of proving crimes committed within corporate structures. In conclusion, this work argues that it is unreasonable to establish lower standards of proof for the prosecution of corporate crimes, as it goes against the very purpose of the standards themselves. Rather, the proof of such crimes must be evaluated considering the same standards applicable in the prosecution of any other offenses. Lastly, this dissertation proposes possible standards for a criminal indictment, injunctions and sentencing