Gestão fraudulenta e temerária de instituições financeiras no direito brasileiro: questões dogmáticas e político-criminais

Abstract

This survey talks about the fraudulent and reckless management institutes of the financial institutions in the Brazilian criminal court. It begins by understanding them in their pre-juridical essences and still deprived from any technical categorization in order to extract the value that should cover with a range of vision of the human experience meaning. It accomplishes an inspection of the evolution of the institutes in the historical social, political and national juridical setting, since the colonial period until the validity of the law n.7.492/86, chasing the criminal protection object which led to the edition of the quoted law certifying its presence. So, it looks over the greater individual juridical sake that is in the punishing standard core and calibrates whether the criminal types serve the elementary principles of the criminal law, especially the conformity to law, to conclude in the affirmative sence.