The mutual support of commercial and environmental policies at internal legal criminal order for the repression of international bribery

• Autor(a) principal: Souza, Claúdio Macedo de
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Sequência (Florianópolis. Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/sequencia/article/view/93122
• topic: Environment; International bribery; International trade; Meio ambiente; Suborno internacional; Comércio internacional

This article aims to demonstrate that the criminal control of global trade, through the criminalization of international bribery, includes the protection of the environment. In this sense, under the model of the global risk society, transnational criminality interferes in the choice of the legal good and in the form of its penal protection, which is excessively advanced and abstract. However, the structuring of the legal asset cannot, absolutely, be dissociated from the reality that determines its existence. From a culturalist theoretical basis, the adequacy of the criminal legislation of the States to international measures to combat crime is an imperative commitment. But, how to adapt the criminal legislation of the signatory States of the Conventions against corruption to the Conventions of protection of the environment in the context of the international trade? It is assumed that the adequacy of criminal legislation requires the inclusion of the environment in the discussion of the legal interest protected at bribery in international commercial transactions. Therefore, the adequacy of legislation does not constitute a unified approach, as there will always be some cultural difference to be evaluated and considered in this process.