THE CRIMINAL PROTECTION OF THE NATIONAL FINANCIAL SYSTEM

Abstract

Pursuing a more consistent understanding of the theme, it specifies the investigation with incursions into the law that punishes crimes against the National Financial System. Evidences its historical meaning within the network of other legal diplomas, to its acknowledgement for the maximum legal positivism. Highlights relevant aspects regarding the protected legal asset, as well as the typical structure of these criminal characters, underscoring, overall, criminal types related to fraudulent management in financial institutions and recklace management. Defends the hermeneutic possibility the interpreter may operationalize such concepts, from the concrete case that will supply the factual base on which its normality will act or not. Concludes that the legal punishment rules of harmful acts against the National Financial System do not shock with the subsidiary and fragmentary characteristic of the Criminal Law, but reaffirm, emphatically, its primordial mission to safeguard the legal assets valuable for the community life. The article is presented under the Brazilian legal regime and, to examine the proposed problem, is adopted the critical-dogmatic methodology.