Corrupção entre particulares e seus modelos criminalizantes

Abstract

This Master's thesis deals with the theme of private corruption and its criminalising models. The introduction shows that the international tendency to extend the concept of corruption and its legal-penal treatment to the domain of relations between private individuals has reached Brazil. In light of this context, the research elects as problem: do the foreign criminalising models best known in the literature have the capacity to offer a proposal for criminal classification of private corruption that is consistent in terms of criminal-policy and dogmatics? The research has as general objective to prove or disprove the hypothesis that the best known criminalising models do not have the capacity to offer a consistent proposal of criminalisation of private corruption. In terms of methodological options, the research develops a legal-dogmatic study, utilising the content analysis procedure on the concept of corruption, on models of criminalisation of private corruption, and on international, foreign and national lege ferenda propositions to test the hypotheses. After introduction, the research presents the conceptual models of corruption and explains what is currently understood as private corruption. After that, it presents a discussion on favorable and contrary arguments and presents a predominant understanding for the criminalisation of private corruption. Armed with the adequate conceptual and political-criminal premises, the study enters into a critical examination of the criminalising models most studied in the literature and some national lege ferenda proposals for the criminalisation of private corruption.