“Ex delicto” civil liability for the misuse of privileged information: some thoughts on the insider trading practice

• Autor(a) principal: Lopes, Luciano Santos
• Data de Publicação: 2022
• Outros Autores: Faleiros, José Luiz Moura
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Meritum (Belo Horizonte. Online)
• Texto Completo: http://revista.fumec.br/index.php/meritum/article/view/8611

The criminal offense generates sanctions to the guilty-declared offender, usually as a legally defined sanction. Furthermore, there is a distinct consequence that is materialized in civil liability for the damages derived from the criminal offense. Tort law, in such sense, reveals the existence of both civil and criminal provisions as a means to repair the damage caused by and infraction. Thus, civil liability holds forth legal provisions that impose a contemporary analysis of ethics, mainly for company administrators in large corporations that deal in stock markets, and its specific characteristics reveal the problem that this paper aims to investigate. The hypothesis is that, currently, ethical parameters must not be overlooked, as one might be held accountable for the misuse of privileged information, which is part of the legal system that, in Brazilian law, forbids such practices in stock markets, thus having created a criminal offense regarding the so-called insider trading designation for the specific crime, which is derived from the misuse of “relevant information, not yet divulged to the market” that generates profit in stock exchanges through market deals. The deductive method will be implemented in this research, with bibliographical and qualitative substrates.