Membros do Conselho de Administração de Sociedades Anônimas como garantidores : requisitos e limites para a atribuição de responsabilidade penal

Abstract

The central theme of this dissertation is the study of improper crimes of omission, limited to the analysis of the guarantor position of the board members of publicly traded corporations. In recent years, the criminal liability of corporate executives has been the subject of significant debate, especially with regard to the imputation of crimes of omission to members of companies based exclusively on their position. Based on this framework, the research problem presented was the question of the possibility of attributing criminal liability to members of the Board of Directors of publicly traded corporations in cases where they fail to act in the face of crimes committed by other members of the organization. Considering the necessary connection with Business Law, the aim of this study was to present the role played by the Board of Directors and the configuration of its members as guarantors in relation to the other corporate bodies of the S.A. The company must be seen as a source of danger to third party legal assets, whether due to people or dangerous things, and must remain within the limits of permitted risk. This control and supervision function is the responsibility of the company's director or the individual delegated by him/her for this task. Therefore, based on the responsibilities of the Board of Directors conferred by the LSA, its members have a relationship of control over the legally founded company. Thus, if there is a factual assumption of his/her function, together with the other requirements for objective attribution, it will be possible to hold the board member liable for improper omission. Keywords: Improper omission. Guarantee position. Administrative Advisors. Corporate Criminal Law. Check the source of the danger.