A responsabilização penal em esquemas de pirâmides financeiras à luz da Teoria do Domínio do Fato: estudo do caso BraisCompany

Abstract

This scientific article is dedicated to an in-depth analysis of criminal liability in Ponzi schemes, especially within the scope of crimes against the national financial system and against the popular economy, based on the application of the Theory of the Domain of the Fact. The study focuses on the difficulty of proving the direct execution of the criminal conduct in the face of complex and hierarchical corporate structures that fragment functions and dilute responsibilities, using the BraisCompany case as a paradigm. Thus, it seeks to examine the limits and possibilities of imputing authorship to those who, although they do not perform executory acts, exercise functional control or domain over the organization in the theoretical models developed by Claus Roxin.