A responsabilidade objetiva na lei “anticorrupção” (Lei nº 12.846/2013)

Abstract

The present dissertation has the goal of studying objective responsibility, as seen in Law n 12.846/2013, which details administrative and civil responsibility of legal persons for the practice of acts against public administration, national or otherwise, under the eye of the constitutional order. For this purpose, general aspects related to the theme of responsibility will be assessed, establishing the diferences between the way our national legal system treats subjective and objective responsibilities. Next, aspects of the responsibility for administrative infractions will be evaluated, identifying elements of the legal regime of said institute. Finally, peculiarities brought up by the aforementioned Law will be demonstrated, with the objective of evaluating whether or not the legislator exceeded himself to the point of contradicting the Constitution by stating that legal persons will objectively answer to administrative and civil penalties when committing acts that hurt national or foreign public patrimony