Medidas assecuratórias penais : fundamentos, critérios e limites da imposição sobre o patrimônio de pessoas jurídicas

Abstract

The present research seeks to understand the foundations, limits and criteria for imposing precautionary measures. It is part of the line of research named Contemporary Criminal-Legal Systems, belonging to the Penal System and Violence's concentration area of the Master's Degree Program in Criminal Sciences of the Pontifical Catholic University of Rio Grande do Sul - PUCRS. The main problem of this research is whether legal entities, when they are not part of the procedural relationship, can be subject to precautionary measures directed against their assets. As a research hypothesis, it is assumed that only the sequestration measure can fall on the legal entity's assets, considering that the other precautionary measures are intended for the reparation of the damage and the payment of fines and costs, inherent to the convicted person. The general objective is to understand the foundations, criteria, and limits of precautionary measures of property. The specific objectives are (1) to understand the phenomenon of precautionary measures in criminal proceedings; (2) to analyze the legal discipline of the Brazilian criminal procedure system for the imposition of precautionary measures; and (3) to recognize the factors that limit the imposition of precautionary measures against legal entities that are not directly part of the criminal procedure relation. To do so, the hypothetical-deductive method is used, using the bibliographical review technique and a qualitative documentary study. This research is developed in order to understand the phenomenon of precautionary measures in criminal protection measures and the basis, criteria and limits for the imposition of protective measures against legal entities.