O crime de gestão temerária de instituição financeira à luz da teoria da imputação objetiva

Abstract

Within the context of the risk society, the offense of reckless management of a financial institution has proven to be an excessively open criminal type, such that part of the scholarly literature argues for its unconstitutionality due to a violation of the principle of definiteness, although this thesis has not been embraced by case law. From the statutory wording - whether the management is reckless - it is not possible, a priori, to distinguish the diligent yet unsuccessful manager from the one who is criminally reckless, thereby producing a scenario of legal uncertainty. In parallel, the theory of objective imputation provides sophisticated tools not only for the attribution of harmful results, but also for the enrichment of the very structure of the offense through the requirements of creating a legally disapproved risk. In this sense, the present study investigates whether objective imputation can offer clearer parameters for the application of the offense of reckless management. The research begins with a doctrinal, historical-evolutionary, and jurisprudential overview of reckless management, then sets out the general contours of the theory of objective imputation - particularly in light of the contributions of Roxin and Wolfgang Frisch - and, finally, applies the criteria of imputation to the offense in question. This is a bibliographical and exploratory study employing the deductive method.