Publicação
Corporate criminal liability: a possible path for Brazil in the fight against corruption?
| Resumo: | This dissertation intends to compare mechanisms of control and prevention of corruption applied internationally with the Brazilian legislation in combating corruption. It is, therefore, important to establish if the international suitable framework for combating corporate corruption is also necessary and suitable for the reality of Brazilian’s corporations. In other words, by using legal transplants (international law), is it possible to encourage Brazil to make the necessary legislative changes in combating corruption, expanding the scope of prevention through criminal compliance and punishment through criminal liability of legal persons? That is the answer we are seeking for. The aim is to confirm whether criminal compliance programs, being mechanisms of enforced self-regulation of prevention and risk control, bring an effective response to the fight against corporate corruption. Furthermore, we intend to verify the influence of those programs on criminal policy mechanisms of criminal liability of legal entities, verifying the various models used in different countries, and whether these realities can be applied in the Brazilian legal system. |
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| Autores principais: | Oliveira, Renata Storino de |
| Assunto: | Corruption Enforced self-regulation Regulatory framework Globalization Risk management Criminal compliance Corporate criminal liability Corrupção Autorregulação regulada Marcos regulatórios Globalização Gerenciamento de riscos Compliance criminal Responsabilidade penal das pessoas coletivas |
| Ano: | 2019 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade do Minho |
| Idioma: | inglês |
| Origem: | RepositóriUM - Universidade do Minho |
| Resumo: | This dissertation intends to compare mechanisms of control and prevention of corruption applied internationally with the Brazilian legislation in combating corruption. It is, therefore, important to establish if the international suitable framework for combating corporate corruption is also necessary and suitable for the reality of Brazilian’s corporations. In other words, by using legal transplants (international law), is it possible to encourage Brazil to make the necessary legislative changes in combating corruption, expanding the scope of prevention through criminal compliance and punishment through criminal liability of legal persons? That is the answer we are seeking for. The aim is to confirm whether criminal compliance programs, being mechanisms of enforced self-regulation of prevention and risk control, bring an effective response to the fight against corporate corruption. Furthermore, we intend to verify the influence of those programs on criminal policy mechanisms of criminal liability of legal entities, verifying the various models used in different countries, and whether these realities can be applied in the Brazilian legal system. |
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