ECONOMIC CRIMES AND FINES PENALTIES: A SOLUTION?

UMA SOLUÇÃO?

Abstract

With the advancement of the contemporary and risk society, a new pattern of crime began to gain special relevance, the economic crime. Such crimes are committed in specific contexts, such as in the State, and in the business societies, places where decisions are taken in a pulverized way through a diverse/distinct chain of command, by agents with a high social and economic status, and with a rationality own. However, it is up to Criminal Law to always act as ultima ratio, fulfilling the foundations and purposes that are specific to the application of a penalty. Among the types of penalties that can be applied, the penalty of a fine plays an important role in sanctioning certain crimes, without the need to resort to prison measures. That said, considering that economic crime has its own criminological characteristics, the objective of the present work is to verify whether the fine penalty is politically and criminally more appropriate to deal with such crimes, considering the traditional purposes of penalties (prevent and reprove). To do so, using the deductive method, some characteristics of economic crimes and fines (with the respective purposes) will be verified, in order to, in a third moment, analyze their compatibility with those crimes. In the end, it will be verified that, regardless of the amount of fine imposed, more than an increase in the criminal sanction, it is necessary to increase the levels of certainty of punishment, with criminal or extra-criminal sanctions, which transcend the individual practicing the criminal act, avoiding repetition.