Os crimes insolvenciais do Código Penal português e os crimes falimentares da Lei de Recuperação e Falências brasileira: uma comparação em torno do bem jurídico tutelado

Abstract

This paper aims to understand what goods are legally protected under the bankruptcy crimes in the Portuguese Criminal Code and in the Brazilian Bankruptcy and Judicial Reorganization Act (Lei 11,101/2005). Despite the fact that both legislations treat these crimes as “bankruptcy crimes”, they refer to conducts so distinct from one another that they deserve a special attention in order to improve our comprehension of them. According to this context, this research seeks to analyze both legislations regarding the bankruptcy crime though a legislative, literature and judicial approach. Secondly, the points of agreement and disagreement between them will be treated in order to answer the question “Is a comparison possible?”. Finally, adopting a functional and utilitarian method, it will be possible to study the most important questions that derive from this work: what legal goods are protected from the bankruptcy crimes studied? What characteristics really makes them bankruptcy crimes? In the end, it is outlined that there is an essential difference regarding both the systematization of the crimes and the legal goods protected.