The criminal compliance programms as instrument for the employee´s in the corporation liability

• Grant number: 13/06895-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2013
• End date: June 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Eduardo Saad Diniz
• Grantee: Matheus de Alencar e Miranda
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The criminal compliance programs detach themselves as prevention tools to corporate criminality, especially when they introduce new mechanisms of criminal liability's attributions ahead to the corporate organization's economic power. In turn, the preventive potential of these programs has encouraged their adoption in corporative scope, intending to avoid the imputation of liability to the corporations and to ensure them a good negotiable reputation. However, beyond their preventive potential and the investment attraction in the market, it's needed to delimit the systems of control and duties delegation in the intern scope of the corporation very well, in such a way to create employee's protection instruments inside the corporations. The research hypothesis consists in the evaluation of the employee's protection instruments, considering that the employee traditionally has served as a "whipping boy" and has assumed the corporation's liability as a criminal imputation's receiver, comprehending the compliance as (1)liability limitation of the corporation's employee and (2) confronting it to the application possibilities in relation to the Brazilian constitutional model. (AU)