Delegação de funções e responsabilidade penal por omissão imprópria: os deveres dos dirigentes empresariais como limite à responsabilidade pelos crimes praticados por seus subordinados

Abstract

Business companies are commonly organized and structured by the division of labor at horizontal (departmentalization) and vertical (delegation of functions and tasks) levels. In these contexts, when crimes related to business activities happens, important questions arise regarding the possibility of corporate managers being held liable for crimes committed by their subordinates, by way of improper omission. For legal certainty in these scenarios, a proper understanding of various criminal aspects related to crimes of improper omission and delegation of functions is essential, from the foundations and limits of the position of guarantor held by managers to the delimitation of their duties as guarantors, which include their duties of care and their duty to act to prevent the crime.