Domínio da organização no contexto empresarial: reflexos e limites da autoria mediata a partir da teoria de Claus Roxin

Abstract

The present work investigates the application of the theory of the domain of the act within business organizations, particularly regarding the reflections and limits of mediate authorship based on Claus Roxin's formulation. Initially, the main theories concerning the concurrence of individuals and authorship are presented, addressing the distinction between duty-based and domain-based offenses, as well as conceptual differences between authorship, co-authorship, and participation. The research deepens the evolution of the theory of the domain of the act, from the initial formulations by Hans Welzel to the systematization carried out by Roxin, with particular emphasis on the hypothesis of mediate authorship through organized apparatuses of power. The study analyzes the essential elements that characterize this form of authorship: the power of command, disconnection from the law, fungibility of the direct executor, and the executor's essentially elevated disposition toward the act. The dissertation also presents the main doctrinal criticisms of this theory, along with paradigmatic examples of its application in international jurisprudence, such as the Eichmann case, Fujimori, and the Berlin Wall shootings. Finally, based on specialized doctrine and Brazilian jurisprudence, the research assesses the feasibility of applying the theory to business organizations, reaching the positive conclusion that they can be recognized as organized apparatuses of power, thus allowing the imputation of mediate criminal responsibility to their managers.