After a historical overview regarding the intersection between Criminal Law and Economy, what is doctrinally understood by Economic Criminal Law will be investigated, as well as its relationship with the theory of the legal good. Next, an approach will be made to the concept of economic order, considered essential to allow the identification of the respective legal-criminal protection. In this context, as well as in view of the necessary observation of the linguistic communication of criminal actors for the devaluing conclusion of behavior, trust must be analyzed as an important element for the reproduction and circulation of wealth. Noting the penal experience of guaranteeing the economic system in contemporary legislation, it will allow the construction of criticisms and questions to Economic Criminal Law, fostered by the use of porous and anticipatory formulations of repressive protection, such as those of open types, of types of administrative accessory, highlighting the blank criminal norms, of abstract danger crimes, of omissive types and negligent crimes. In this way, the contradictions of the legitimizing discourse of the ends of the sentence for such a specific penal focus will be observed.

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Economic Order: Conceptualization and Attempts at Criminal Protection

  • Luciano Anderson de Souza

摘要

After a historical overview regarding the intersection between Criminal Law and Economy, what is doctrinally understood by Economic Criminal Law will be investigated, as well as its relationship with the theory of the legal good. Next, an approach will be made to the concept of economic order, considered essential to allow the identification of the respective legal-criminal protection. In this context, as well as in view of the necessary observation of the linguistic communication of criminal actors for the devaluing conclusion of behavior, trust must be analyzed as an important element for the reproduction and circulation of wealth. Noting the penal experience of guaranteeing the economic system in contemporary legislation, it will allow the construction of criticisms and questions to Economic Criminal Law, fostered by the use of porous and anticipatory formulations of repressive protection, such as those of open types, of types of administrative accessory, highlighting the blank criminal norms, of abstract danger crimes, of omissive types and negligent crimes. In this way, the contradictions of the legitimizing discourse of the ends of the sentence for such a specific penal focus will be observed.