Legal entities and the practice of transnational corruption: guarantee to ne bis in idem

• Autor(a) principal: Diz, Jamile Bergamaschine Mata
• Data de Publicação: 2023
• Outros Autores: da Cunha, Camila Braga
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/45811
• topic: Corrupção; Ne Bis in Idem; Direito Internacional; Corruption; Ne bis in idem; International law

Transnational corruption, when practiced by legal entities, causes harmful effects to free competition and sustainable development, making it necessary to prevent and combat it in a cooperative manner between countries. It is questioned, in this research, whether Brazilian jurisprudence would allow legal entities to be sanctioned internally, when the facts have already been judged internationally. In the first topic, notes of the Brazilian legislation on corruption are presented, with emphasis on Law n. 12.846/2013 – Anti-Corruption Law. Afterwards, the international legal instruments on the subject, ratified by Brazil, are analyzed, focusing on the definitions of limitation of jurisdiction of each country. Finally, in the third topic, the position of the Federal Supreme Court is analyzed in the judgment of Habeas Corpus n. 171.118, which deals exactly with the extension of the principle of ne bis in idem in the occurrence of international judgment, and the possible consequences. It is concluded that the principle of ne bis in idem translates into a universal guarantee, and the legal entity cannot be sanctioned for identical facts, however, its duty to fully repair the damage caused to all countries affected by its criminal action remains.