Por uma teoria dos vasos comunicantes entre os acordos de não persecução penal e civil e seus reflexos nas empresas

Abstract

The aim of this essay is to launch a debate on business activity spanning across borders by introducing a novel interpretation that prioritizes responsible and conscientious management. The scrutiny of corporate governance that holds ethics and human rights in high regard has initiated the pursuit of business solutions as a legal tool to grant companies with protection. The present essay proposes a theory of communicating vessels concerning non-prosecution agreements in criminal and civil law. It analyzes the prohibition of bis in idem and highlights the benefits of a consensus in the domain of sanctioning law. This framework provides companies with greater stability in carrying out their activities, ensuring they can count on State intervention to assist them in complying with legal requirements. Demonstrating the adherence to the principles of proportionality, legal certainty, and fraternity, the aim is to showcase the implementation of covenant integration even in the absence of an explicit rule. The analysis of the legal principles governing negotiation enhances the research by confirming the authentication of constructive negotiation strategies that have already been embedded into the national legal system, allowing for a resolution that is free of disputes. The application of communicating vessels aims to sustain economic activities and prevent excessive punishment while attracting national and foreign capital. This also ensures that business activities are conducted with no surprises and impunity is prevented. By implementing the legal strategy of communicating vessels between non-persecution agreements, companies with programmed management seeking human dignity and national development can benefit from elevated contemporary business ethics and creativity. The theory's strategy for fighting corruption involves prioritizing educational agreements and preventing double sanctions for the same crime.