A conduta criminosa do sócio e seu impacto sobre o patrimônio da empresa

Abstract

This article discusses the criminal conduct of the partners and subjects who are members of the organization and the impact to be supported by the company's assets, as well as aims to analyze the consequences of liability of legal entities, as parties, in Leniency Agreements signed before the Public Ministry Federal. To this end, bibliographic research in books, periodicals and jurisprudence is used as methodology, as well as documentary research and analysis of specific issues in the Odebrecht case in Operation Lava Jato. A documentary analysis supported the construction of the present work, which made it possible, after the presentation of the initial themes of the legal personality of the people of an organization and the identification of the criminal conduct that can be attributed to them, to further read the legislation that deals with the Agreements of Collaboration and its practical applicability in the case involving Odebrecht SA Completed as analyzes and discussion of the results obtained, it is clear that any and all criminal conduct must be strongly opposed and integrity and compliance policies, in the form of Compliance, must be incorporated into the associations as unavoidable principles in order to achieve the institutional objective.