Criminalidade econômica : análise dos crimes de gestão fraudulenta e gestão temerária de instituição financeira (art. 4º da lei nº 7.492/86).

Abstract

The present work analyzes the crimes of fraudulent management and reckless management of financial institutions, which are inscribed in the 4th article of the Law Nº 7.492 and aim to protect the National Financial System. Therefore, emerges the question if, in view of the social function of the National Financial System, is it necessary that, for the effective protection of the legal value, the crimes of fraudulent management and reckless management of financial institutions be treated as crimes of mere conduct? The deductive method was adopted from an analytical and critical perspective. The study of the proposed theme is of fundamental importance, for the access to a balanced National Financial System is a fundamental right, engraved in the Federal Constitution of 1988, as well as due to the fact that according to a research conducted by the Banco Central do Brazil in 2017, 86% of the Brazilian adult population had a relationship with a financial institution, which demonstrates the relevance of the present research. Furthermore, although the Law Nº 7.492 was promulgated in 1986, there is still a great doctrinal discussion about the (un)constitutionality of the offenses due to the lack of criminal delimitation. Thus, it was concluded that there is no need for them to be classified as crimes of mere conduct, because for effective protection of the National Financial System and to ensure legal certainty, the legislation needs to be changed, which will also delimit the criminal prevision, preventing the incidence of extensive judicial interpretation. and ensuring that managers of financial institutions clearly identify the conduct that will incur in the criminal description.