Responsabilização na lei anticorrupção: natureza e amplitude subjetiva

Abstract

This article seeks to address the issue of the subjective scope defined in Law 12.846/2013, also known as the Anti-Corruption Law, from the definition of its legal nature and the delimitation of its subjective range. Before that, we will make a quick digression to present the theme of Corruption from its historical roots, by demonstrating its presence since the beginnings of the Brazilian colonization until the present day. We highlight, therefore, the temporal bond that ended up leading to the edition of the Anti-Corruption Law as a way to complete the legal system of defense of morality. In the core of the article, we questioned whether the scope of this law would also include the liability of the individuals responsible for the harmful acts defined in this law or if this law would be restricted to the liability of legal entities. From this point of view, we aim to delimit more objectively the active and passive subjects covered by the Anti-Corruption Law and how the sanctions provided in the new legislation conform to the specificities of each case. All this aims to favor its rational and logical application in combination with the other laws that are part of the normative system to combat corruption, always in honor of the principle of legal certainty.