Towards Efficiency in Attributing Criminal Liability to Corporations: Canadian and Brazilian Regimes Compared

This article compares Canadian treatment of corporate criminal liability with that in Brazil, examining whether there are ways in which one system can learn from the other. It is argued that the Canadian model could provide a starting point for revision of Brazilian legal principles in this area that, would encourage the public to recognize that crimes committed by corporations should be taken seriously. However, because criminal liability requires a high burden of proof and is therefore difficult to secure, the Brazilian regime of strict liability may ultimately be useful in encouraging compliance by corporations, assuming sanctions are severe enough and detection of violations by law enforcers is enhanced. The solution may therefore consist in the use of both these regimes, as is currently the case with anticorruption law in the UK.