O caráter preventivo do Processo Penal nos delitos empresariais

• Main Author: Palazzi, Leonardo
• Publication Date: 2013
• Format: Master thesis
• Language: por
• Source: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Download full: https://tede2.pucsp.br/handle/handle/6267
• topic: Delitos empresariais; Criminalidade econômica; Direito Penal Econômico; Processo Penal Preventivo; Entrepreneur offenses; Economic crimes; Economic criminal law; Preventive criminal procedure; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The purpose of this paper is to examine criminal, dogmatic and politicalcriminal statements on preventive procedural proposals regarding economic crimes, especially entrepreneur offenses, however narrowing its content. To do so, some legal procedural specificities of the preventive treatment of economic offences are addressed in a selective manner, as this is the only method that makes this paper viable. After the introduction, Chapter Two places the subject of this paper in the criminal context in which the entrepreneur crime is committed, and in view of legal omission, proposes a definition based on its characteristics. Still, on Chapter Two, it has been verified legal criminal treatment under domestic and worldwide juridical rule towards economic order, and shows the fundamental rights and guarantees that must be observed under economic criminal control. Chapter Three deals with the justification for criminal intervention and dogmatic interactions both constitutional and criminal-political, specifically of methods devised by functionalism with a view to precaution through the Criminal Law. Chapter Four, key point of this paper, rely broadly on procedural treatment towards economic crimes, seen as decisive perspective for preventive purposes of the Economic Criminal Law