Fundamentos do controle penal sobre a ordem econômica: a criminalidade empresarial

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

If it is true that the contemporary societies are extremely complex, formed by many subgroups owner of different values, there is no reason to deny that all of them agree on a minimum of morality and types of behaviors necessary to make any pacific union in the society possible. The elements which are in that agreement are learned by the socialization procedure, and are sustained and protected by the informal social control in a first moment. When this control is no longer effective those fundamental elements and social conditions are at risk, the State must bring to itself the formal social control, which is made by the penal law, one of the many instruments that exist for it. Many of the fundamental social conditions may be put on danger by acts in the economic activity specifically. This paper intends to legitimate the economic penal law as a way of protecting the fundamental social conditions necessary for a pacific, fair and equal social life, which may be offended by abusive acts of the economic power.

ASSUNTO(S)

bem jurídico-penal direito penal econômico economic penal law social control legitimacy of the legal punishment economic enterprise delinquency delinqüência econômico-empresarial abuso do poder econômico direito economic order tasks of the poena ordem econômica desigualdade do sistema penal criminologia do colarinho branco legitimidade do poder punitivo controle social tutelaged penal object economic abusive power inequality of the penal system white-collar criminology finalidades da pena

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