Bem Jurídico no Direito Penal Econômico: uma Abordagem Criminológico-Crítica

Abstract

In this work, studies and researches on the legal-criminal good in economic criminal law were developed, starting from a criminological-critical approach, in front of the new legal-legal denominated denomination of compliance, then, contemplated by recently enacted legislation. The legal right, as an elementary category of criminal law – here, of an economic bias – is important not only in the linking of the judicial body when it is intended for the criminal responsibility of the agent who is attributed the practice of an offense, but also, to the legislator at the time it formulates the legal rules that define crimes and their respective sanctions. For this reason, the legal object was adopted as a central object in this line of studies and research in relation to the Economic Criminal Law, in order to verify its importance in the limitation of state intervention, repressive-punitive . If this were not the case, and in order not to be restricted to a merely dogmatic (legal-criminal) perspective, the analysis of this legal category was expanded methodologically through the important multidisciplinary contributions offered by critical criminological studies and research. In addition, the importance of the new institute known as “compliance” was highlighted, in order to adapt the business activity to the company’s social function, as well as to prevent the practice of criminal conduct. For, through a program of integrity, it is possible to link the development of technical-professional activities with the faithful fulfillment of the laws and internal rules of the company, according to the economic policy of transparency, integrity, and business ethics with social responsibility.