skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 229033 
Title: Brazilian Legal Framework for Investigation, Prosecution and Trial of Corporate Crime and the Criminal Liability of Corporate Entities (From UNAFEI Resource Material Series No. 76, P 47-65, 2008, Grace Lord, ed. See NCJ-229030)
Author(s): Mabel Alves De Faria Correa
Date Published: December 2008
Page Count: 19
Sponsoring Agency: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
26-1 Harumi-Cho, Fuchu
Type: Legislation/Policy Description
Format: Book Chapter
Language: English
Country: Japan
Annotation: This paper explains Brazil's law enforcement efforts against the criminal activities of corporate entities and briefly explains how the Brazilian legal system applies administrative and civil liability against corporate entities, with attention to the sanctions for such liability.
Abstract: The paper first outlines the material and procedural warranties established in the 1988 Constitution of the Federative Republic of Brazil. Regarding procedures for obtaining evidence, the Federal Constitution makes clear that evidence obtained through illicit means must be excluded from consideration in criminal proceedings. This paper also explains the constitutional basis of the criminal liability of the legal person as well as the criminal liability of corporations for crimes against the environment. Whenever a legal entity is responsible for serious damage to the environment, it might be possible to prosecute this entity for crimes against the environment, even if the damage resulted from an individual act or omission or of cumulative acts and/or omissions committed over time. One section of the paper explains how Federal law No. 9,605 of February 12, 1998 pertains to the criminal liability of the legal person. According to this law, the liability of the legal person does not exclude the liability of the natural person. Other sections of the paper address the liability of the legal person in civil matters and administrative matters. Crimes against the economy and against consumer relations are discussed in another section. In this section, the concept of the economic criminal organization is discussed. This is an organization notable for economic crimes such as fraud, money laundering, and cartel formation linked to corruption. Money laundering and crimes against public administration are also discussed in this section. Remaining sections of the paper describe Brazil's criminal investigation and prosecution procedures in general and specifically the legal tools for investigating and processing economic crimes.
Main Term(s): Criminology
Index Term(s): Brazil; Corporate crimes; Corporate criminal liability; Corporate sentencing; Foreign laws; Investigative techniques; Prosecution; Trial procedures
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.