Intervenção penal nas licitações

• Autor(a) principal: Araujo, Glaucio Roberto Brittes de
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5904
• topic: Intervenção penal nas licitações; Proteção de bem jurídico; Princípios da intervenção mínima (fragmentariedade e subsidiariedade); Da culpabilidade; Da legalidade (taxatividade e reserva legal); Moralidade administrativa e isonomia; Crimes da Lei 8666/93; Direito administrativo sancionador; Proporcionalidade e proibição de insuficiência; Criminal action in bid; Asset protection legal; Culpability; Administrative morality and equality; Crimes of Law 8666/93; Administrative Law sanctioning; Proportionality and the prohibition of failure; Legality (taxativity and reserve legal); Principles of minimal intervention (fragmentary and subsidiarity); CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This area, are exposed some misconceptions of the legislature in relation to parental bids, as inflation punitive scattered through legislation, rather than simple point releases enough of the Penal Code, such as the advance of the barriers of penal intervention, with the characterization of negligible preparatory acts and conduct abstract and remotely related to the possibility of injury to the interest protected at the expense of the principles of minimum intervention and injury; as the equivalence between an attempt and completion, to the detriment of the principles of culpability and proportionality, as the autonomous classification conduct that would configure as an attempt to more serious crimes or who were under the Penal Code, as over crimes of abstract danger and formal, as the adoption of open standards and penal rules too criminal blank inadequate to achieve the principle of legality, in the form of legal reserve and taxativity; as the pain of penalties for similar infractions of gravity substantially different in relation to injury to the legal and housed, without due attention to the principle of proportionality, and as the criminalization of conduct that could be curbed by Administrative Law sanctioning or intervention, reserving and prestige to the application of prison sentences, depending on the primary functions assigned to it in our times, serious injury or threat to the relevant legal right under the constitutional prism, without yielding to the temptation of building a Symbolic Criminal Law. Eventually, assuming a minimum functionalism, considers it is appropriate to outline the contours of the criminal action, as ultima ratio, but effective, in the area of bid and contract administration in a model of itself guarantees the democratic rule of law, in its dual meaning, ie, the guarantor of both fundamental human rights, as an efficient protection of legal interests relevant to all citizens, in the terms that had been sheltered by the Constitution