Da fraude patrimonial comum à fraude penal econômica: a necessária releitura da resposta penal frente aos desafios da regulação econômica

Abstract

The thesis is about economic criminal fraud and its impacts on the society in which we live. Discussions about the legitimacy of State intervention in the economy and Economic Criminal Law somewhat muddle the understanding of certain criminal phenomena by dogmatics and law operators. In this way, the thesis proposes to promote a reinterpretation based on a classic work in Brazilian doctrine, Criminal Fraud, by Nelson Hungria, of what should be understood as fraud within the scope of Economic Criminal Law. In these terms, the investigation proposes to confront the crime of fraud with fraud of the Economic Criminal Law in order to investigate whether it is appropriate to transpose the theoretical postulates of that, considered the classic example of property fraud, for these. To this end, an approach is made to Economic Criminal Law and the concept of White Collar Crime. Then the work investigates property fraud in several aspects, historical, legal and psychological. Finally, economic criminal fraud is scrutinized and certain premises are aligned for its proper understanding and coping.