A persecução patrimonial como meio de enfrentamento dos delitos contra a administração pública à luz da teoria econômica do crime: análise da Operação Adsumus

Abstract

The present dissertative text had as premise know how the elements of the economic theory of criminal behavior (Gary Becker) would be applied to crimes against Public Administration, from the analysis of primary data of Operação Adsumus, undertaken by Ministério Público do Estado Bahia. From this perspective the text analised assets pursuits and the forfeiture in the crimes against Public Administration through the prism of economic approach in order to evaluate its outcome as a way to prevent and deal with these kind of crimes. We sought to describe the premises of The economic theory of criminal behavior, also, explain the nature and the purpose of forfeiture and assets pursuits in the brazilian legal system as well what mecanismes would reduze the benefits and increase the costs of criminal activity. From the documental resarch the object of criminal cases of Operação Adsumus is described, especially the patrimonial prosecution carried out by the state prosecutor, besides the economic dimension of the perpetrated crimes. With the analysis and establishment of data from the patrimonial pursuit of Operação Adsumus and using the analytical induction methodology (DESLAURIERS, 1977), the provisional hypothesis and qualitative analysis of the research results were elaborated. The achiviements reveal that the assets pursuit may serve to facing crimes against public administration reducing benefits for criminals and increasing their costs, as long as certain assumptions are observed by investigators and the state prosecutor. The following authors allowed reflections on this subject, we dialogue with Gary Becker (1974), the creator of economic approach to crime, and with the criticisms of the theory made by Michel Foucault (2021), and also the writings of Luiz Eduardo Dias Cardoso (2018). Within the framework of legal dogmatic theorists who discuss the pursuit of property and confiscation had as reference authors such as João Conde Correia (2012), Tiago Cintra Essado (2014), Paulo Roberto Bérenger Alves Carneiro (2019) e Tiago Misael de Jesus Martins (2019). Thus, observing the premises of the definitive hypothesis established in the research, in the terms of the economic theory of criminal behavior, the prosecution of assets causes a decrease in benefits, an increase in costs and in the possibility of punishment, and is an important disincentive to criminal practices against the public administration.