A PANORAMA OF THE IMPROPER OMISSION IN BUSINESS CRIMINAL LAW
DOI:
https://doi.org/10.12957/rfd.2024.61884Keywords:
Improper omission, Company , Position of guarantorAbstract
The purpose of this article is to verify what are the assumptions of criminal liability for improper omission in Brazilian criminal law, particularly in relation to business activity. To fulfill the proposed objective, we will follow the deductive method and we will divide the work into two parts: in one, presenting an overview of the structure of improper omission in accordance with the Brazilian Penal Code; in another, analyzing how the elements of improper omission can be applied in the business context. What will lead us to verify that the responsibility for improper omission, at the level of typicality, depends on the position of guarantor, on the typical situation that activates the duty to act, on the non-performance of the action ordered, despite the possibility of practicing it, on the imputation of the result and intent or guilt, in cases where it is admitted.
Keywords: Improper omission; Company; Position of guarantor.
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