Detalhes bibliográficos
| Ano de defesa: |
2016 |
| Autor(a) principal: |
Laufer, Daniel
 |
| Orientador(a): |
Nucci, Guilherme de Souza |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/7087
|
Resumo: |
This present work intends to perform a new reading of typicaldogmatic aspects and criminal policy starting from the identification of public administrators impartiality to be protected in active and passive corruption offenses, including proposals for legislative alterations on the subject. The quality and quantity of crimes against the public administration in Brazil, notably corruption, accompanied by outdated legislation, greatly justify this theoretical investigation. The study was permeated by the analysis of Brazilian and foreign doctrines, extracting the consequences from it, useful to the research that has been developed from the establishment of some conceptual assumptions and analysis of the present situation of corruption within and outside Brazil. Following this, the <<imparciality principle concerning public administrators>> was stipulated as the legal right to be protected by active and passive bribery figures. From this point it was possible not only to criticize the Brazilian law but to reinterpret the offenses set forth in Articles 317 and 333 of the Penal Code, as well as pointing out a new vocabulary to criminal types, taking them from some observations on the Brazilian law, such as the improper criminalization of passive corruption, the need to maintain the official act as an element of bribery types and the disproportion of the stipulated penalties. As a final consideration, the atrophy of the Brazilian criminal politics aimed at the corruption, the structures of the personal precautionary measures were also analyzed, as well as those of real precautionary measures, of award-winning collaborations, of criminal organizations of heinous crimes and criminal compliance, which, if properly applied and interpreted, could benefit to the correct application of the criminal law on corruption |
