Da comprovação de culpa para responsabilização de administrador por infração à ordem econômica

Abstract

The Law 12.529/2011 establishes, as in the repealed law, that violations against the economic order are punished regardless of fault
(main section of the art 36). However. the law innovates by providing that punishment for the administrator responsible for the violations depends on proof of fault (art. 37, III). Despite the controversy about the unconstitutionality of the legal provision authorizing the liability of legal entity as a result of an act regardless of fault, Cade understands it should be applied that legal
provision. Regarding the administrator, in view of recent legislation, Cade recognizes the necessity of fault, even for violations committed before the present Law, due to the application of the most beneficiai law. Nevertheless, the issue regarding the factors that indicates the administratofs fault does not seems to be undisputed, as can be seen from the judgment of the Administrative
Proceeding 08012.011027/2006-02.