A procedimentalização dos crimes falimentares e a atual ausência do inquérito judicial

Abstract

In the current legal order, with the advent of 11.101/2005 law, the Office of the inquest, which served to establish bankruptcy crimes, was removed, allowing the prosecution to useevidence produced in civil to inaugurate the opening of the procedure criminal, without the need to initiate the police investigation. The businessman or the company became even more fearful after the entry into force of the current bankruptcy law in order to have occurred already going bankrupt, or granted or approved the bankruptcy court reorganization. Criminal charges further jeopardize its image before the market and consequently the proper conduct of its activities, leaving out those principles of adversarial, legal defense and the preservation of the company. Except for one offense, the law criminalizes 11.101/2005 their crimes with custodial sentence of up to eight years and imposes a summary procedure for its calculation, generating inconsistency with the high charges of bankruptcy crimes, as this procedure is to search be quicker and less executed.