Interlocução entre o direito administrativo sancionador e o Direito Penal

Abstract

The deficiencies of Administrative Sanctioning Law in Brazil result from the absence of an adequate normative structure, highlighting the need to build a system in which there is a balance between the different sanctioning mechanisms, with the interaction between the different forms of sanction: administrative and criminal, subject to the same set of guarantees. Hence the position of upholding the principle of culpability in sanctioning administrative law for legal entities, as well as debating the applicability of fundamental guarantees in accountability processes. The theme, in Spanish law, is presented to serve as a paradigm for the processes of accountability of the legal entity in the national order, in particular, in the Anti-Corruption Law.