Criminal compliance e a racionalização do poder punitivo no âmbito corporativo

Abstract

The study in focus is devoted to demonstrate the possibility of, through the criminal compliance programs, contribute to the rationalization of the criminal law. More specifically in the area of crimes comitted in the context of enterprises, or by its employees or by its managers, that affect not only the entities, but also third people involved in the activities. The concrete way for that passes by the elaboration of requirements that the State must demand from the criminal compliance programs in its sanctionatory activity, through the verification of the preventive nature that effective programs can present in terms of criminal behaviours and through the introduction in the law of mechanisms that can benefit, in criminal law, who has already been object of sanctioning for the same fact in the disciplinary corporative area, ruled in the patterns of criminal compliance. The approach chosen in this study allows to contribute to the racionalization of the punitive power, since the relations and limits between the control levels of corporations and criminal law are stabilished. It allows to contribute also with the limitation of criminal law, in other words, with the limitation of its expansion and of its proposal as a solution to all the social problems, as long as it is searched to offer an alternative to its incidence, in the corporative sphere. Thus, it is admitted that it is possible to advance in the debate of a criminal compliance lined up with a way of regulated self-regulation, in tune with the references of prevention and restauration, so it can be designed as an efficient mechanism in the fight against corporative criminality. This way, it is intended to colaborate to the development of a more eficiente and racionalized criminal policy, using also the study of law economic analyses, filling the study of interdisciplinarity.