Tabela I - Julgados

The scientific research had the scope of critically understanding the application of the Agent Competition Differentiating Theory in the attribution of economic criminal offenses to business leaders. Based on the analysis of jurisprudence from Brazilian Superior Courts, sought to find the standard used in the distinction between authorship and participation, relevant to the accountability of those involved. For the research in the Courts, keywords were defined - for example: <i>director, author, participant, domain of the fact</i> - related to the specific objectives of the research in order to delimit the results. After jurisprudential analysis and research, it is concluded that the discussion sought is absent. The attempt to determine the extent of the crime in business crimes is not mentioned in most of the decisions analyzed. Furthermore, the distorted use of the Dominion over the Act Theory in holding corporate leaders accountable is observed, revealing a criminal prosecution system that is inappropriate for this context.