«Corruption» and social and economic criminal law: criminology, criminal policy, political science and law&economics - a new idea about criminal liability of legal entities

Abstract: If we think there is a significant number of legal offshore in the globalized world, then there is not even a global consensus about what «corruption» is. The «illegal corruption» in a country may be legal in another. Moreover, the great global corruption is above the law or above democratic States. And not all democratic States are «Rule of Law». Therefore, the solution is global earlier in time and space law, democratic, free and true law. While the human being does not reach a consensus of what «corruption» really is, the discussion will not go further than a caricature. One of the other problems about «corruption» is that it is very difficult to establish the imputation of crimes, including «corruption» (v.g. Portugal) on some «companies», corporations. We have a juridical problem in the composition of the art. 11. of the Portuguese Penal Code.

A Responsabilidade das Empresas pelo Crime de Corrupção: o Caso Português a partir de uma Perspectiva de Direito Penal, mas também de Criminologia

1- Introdução: algumas notícias da comunicação social; 2 – O designado «Conselho de Prevenção de Corrupção»; 3 – Procuradoria-Geral da República (P.G.R.) e o Departamento Central de Investigação e Acção Penal (D.I.A.P.); 4 – Alguns sítios com relevo; 5 – Alguns dos problemas que podem ser colocados em relação à Responsabilidade das Empresas pelo Crime de Corrupção; 5.1 – Âmbito dos problemas a serem falados; 6 – Qual a noção de «empresas que vamos utilizar»?; 6.1 – A noção de «empresa» em sentido geral objectivo e penal; 7 – Mas que tipo de crimes de corrupção vamos falar?; 8 – O art. 11º do Código Penal e os crimes de corrupção no contexto do ordenamento jurídico português; 8.1 – No contexto do art. 11º do Código Penal, o que significa «em nome da pessoa colectiva»?; 8.2 – No contexto do art. 11º do Código Penal, o que significa «no interesse da pessoa colectiva»?; 8.2.1 – No contexto do art. 11º do Código Penal, o que significa «quando não há interesse colectivo»?; 9 – E haverá diferenças, por exemplo, entre o modo de funcionamento técnico-jurídico do art. 11º do Código Penal e o art. 3º do Regime das Infracções Anti-Económicas e Contra a Saúde Pública (R.I.A.E.C.S.P.)?; 10 – E como é que a Jurisprudência portuguesa, a que tivemos acesso - dado não haver ainda fartura de decisões neste campo -, estabelece o nexo de imputação de responsabilidade penal a uma pessoa colectiva e/ou organização?; 10.1 – Uma primeira pré-conclusão dentro do objectivo que pretendemos demonstrar na totalidade deste trabalho; 11 – Uma segunda pré-conclusão: será que as diferenças acima assinaladas, por exemplo, entre o modo de funcionamento técnico-jurídico do art. 11º do Código Penal e o art. 3º do Regime das Infracções Anti-Económicas e Contra a Saúde Pública (R.I.A.E.C.S.P.), são as únicas? Veja-se o caso, v.g., do art. 7º do Regime Geral das Infracções Tributárias (R.G.I.T.); 12 – Em face das duas pré-conclusões anteriores, faça-se aqui, neste breve ensaio, uma primeira grande conclusão; 13 – Uma (primeira) hipótese de solução; 14 – Que tipo de «empresa» podemos enquadrar no art. 11º do Código Penal?; 14.1 – De acordo com o referido anteriormente, podemos dizer que todas as «empresas» podem praticar os crimes previstos e punidos no Código Penal português?; 14.2 – De acordo com o referido antes, quais são as «empresas» que não podem praticar os crimes de corrupção que estão previstos e punidos no Código Penal português?; 14.3 – Uma outra pré-conclusão: 14.4 – Um esboço de um dos possíveis problemas; 14.4.1 – Mas, afinal, o que são Entidades Públicas Empresariais (E.P.E.)?; 14.5 – Outra hipótese de esboço de um outro dos possíveis problemas que aqui podemos encontrar; 14.6 – Nova pré-conclusão; 14.7 – Uma outra importante pergunta a fazer e a responder desde já; 14.7.1 - Alarguemos, pois, um pouco a nossa investigação para além do Código Penal português; 14.7.2 – O problema da responsabilidade penal das organizações e/ou «pessoas colectivas», rectius, neste breve ensaio, empresas, pela prática de crimes de corrupção previstos e punidos na mencionada Lei n.º 20/2008, de 21 de Abril («Responsabilidade penal por crimes de corrupção no comércio internacional e na actividade privada»); 14.7.3 – Mais algumas pré-conclusões; 15 - Em face das duas pré-conclusões anteriores, faça-se aqui, neste breve ensaio, uma segunda grande conclusão; 16 - O que também apresenta outras implicações como por exemplo na aplicação do crime de «branqueamento» quando nos fala em «corrupção» como «crime primário»; 17 – Outras interrogações; 18 – Conclusão final, mas não última, como nenhuma o pode ser em ciência; 19 – Hipótese de solução; 20 – Novos desenvolvimentos. § 1 - Introduction: some news media; 2 - The so-called "Council for the Prevention of Corruption”, 3 – “Attorney General's Office” (PGR) and the Central Bureau of Investigation and Penal Action (DIAP) 4 - Some sites with relief , 5 - Some of the problems that can be placed in relation to the Corporate Responsibility of the Crime of Corruption; 5.1 - Scope of issues to be spoken, 6 - What is the concept of "companies that we will use"?; 6.1 - The term “business” in a general purpose and criminal matters; 7 - What kind of crimes of corruption we talking about?; 8 - Art. 11 of the Penal Code and the crimes of corruption in the context of the Portuguese legal system; 8.1 - In the context of art. 11 of the Penal Code, which means "in the name of the legal person"?; 8.2 - In the context of art. 11 of the Penal Code, which means “in the interests of the legal person"?; 8.2.1 - In the context of art. 11 of the Penal Code, which means "where there is no collective interest"?; 9 - There will be differences, for example, between the operating mode of the Art. 11 of the Criminal Code and Art. 3 of the Legal Infractions Anti-Economic and Against Public Health (RIAECSP)?; 10 - And how does the case law of Portugal, we had access - as there still plenty of decisions in this field - makes a connection of allocating criminal liability to a legal person and / or organization?; 10.1 - A first pre-completion within the objective that we intend to demonstrate in all of this work; 11 - A second pre-conclusion: that the differences will be noted above, for example, between operating mode of the Art. 11 of the Criminal Code and Art. 3 of the Rules of the Offences Against Anti-Economics and Public Health (RIAECSP) are the only ones? Take the case v.g. of art. 7 of the Legal Framework of Tax Offences (RGIT) 12 - In view of the two pre-earlier conclusions, do it here, in this brief essay, a first major conclusion; 13 - A (first) chance for a solution, 14 - What kind “undertaking” we can frame the art. 11 of the Penal Code?; 14.1 - According to the above, we can say that all "companies" can practice the crimes defined and punished in the Portuguese Penal Code?; 14.2 - According to the mentioned before, what are the "business" who cannot practice corruption crimes that are planned and punished the Portuguese Penal Code?; 14.3 - Another pre-completion: 14.4 - A sketch of one of the possible problems; 14.4.1 - But after all the entities that are Public Enterprise (EPE)?; 14.5 - Another chance to draft another one of the possible problems that can be found here; 14.6 - New pre-completion; 14.7 - Another important question to ask and answer now; 14.7.1 - Let us expand, then, a little beyond our investigation of the Portuguese Penal Code; 14.7.2 - The problem of criminal liability of organizations and / or "legal persons", rectius, this brief essay, companies, for crimes of corruption provided for and punished mentioned in Law No. 20/2008 of 21 April ("Criminal liability for crimes of corruption in international trade and private activities"); 14.7.3 - Some more pre-conclusions; 15 - In view of the two pre-earlier conclusions, let it be here in this brief essay, a second major conclusion, 16 - Who also has other implications such as the application of the crime of "money laundering" when we talk about “corruption” as “primary crime”, 17 - Other questions; 18 - Bottom line, but not last, as the can be no science; 19 - Hypothesis solution; 20 - New developments.

The impact of Chagas disease control in Latin America: a review

Discovered in 1909, Chagas disease was progressively shown to be widespread throughout Latin America, affecting millions of rural people with a high impact on morbidity and mortality. With no vaccine or specific treatment available for large-scale public health interventions, the main control strategy relies on prevention of transmission, principally by eliminating the domestic insect vectors and control of transmission by blood transfusion. Vector control activities began in the 1940s, initially by means of housing improvement and then through insecticide spraying following successful field trials in Brazil (Bambui Research Centre), with similar results soon reproduced in São Paulo, Argentina, Venezuela and Chile. But national control programmes only began to be implemented after the 1970s, when technical questions were overcome and the scientific demonstration of the high social impact of Chagas disease was used to encourage political determination in favour of national campaigns (mainly in Brazil). Similarly, large-scale screening of infected blood donors in Latin America only began in the 1980s following the emergence of AIDS. By the end of the last century it became clear that continuous control in contiguous endemic areas could lead to the elimination of the most highly domestic vector populations - especially Triatoma infestans and Rhodnius prolixus - as well as substantial reductions of other widespread species such as T. brasiliensis, T. sordida, and T. dimidiata, leading in turn to interruption of disease transmission to rural people. The social impact of Chagas disease control can now be readily demonstrated by the disappearance of acute cases and of new infections in younger age groups, as well as progressive reductions of mortality and morbidity rates in controlled areas. In economic terms, the cost-benefit relationship between intervention (insecticide spraying, serology in blood banks) and the reduction of Chagas disease (in terms of medical and social care and improved productivity) is highly positive. Effective control of Chagas disease is now seen as an attainable goal that depends primarily on maintaining political will, so that the major constraints involve problems associated with the decentralisation of public health services and the progressive political disinterest in Chagas disease. Counterbalancing this are the political and technical cooperation strategies such as the "Southern Cone Initiative" launched in 1991. This international approach, coordinated by PAHO, has been highly successful, already reaching elimination of Chagas disease transmission in Uruguay, Chile, and large parts of Brazil and Argentina. The Southern Cone Initiative also helped to stimulate control campaigns in other countries of the region (Paraguay, Bolivia, Peru) which have also reached tangible regional successes. This model of international activity has been shown to be feasible and effective, with similar initiatives developed since 1997 in the Andean Region and in Central America. At present, Mexico and the Amazon Region remain as the next major challenges. With consolidation of operational programmes in all endemic countries, the future focus will be on epidemiological surveillance and care of those people already infected. In political terms, the control of Chagas disease in Latin America can be considered, so far, as a victory for international scientific cooperation, but will require continuing political commitment for sustained success.

The succession process at social enterprises in Brazil

This research was based on a study of social enterprises in Brazil, to find out if and how these organizations plan and manage the succession process for their senior positions. The study investigated the subset of the associations dedicated to collectively producing goods and services, because they are formally set up and aimed at speeding up the dynamism of local development. The empirical research consisted of two stages. The first was a survey covering a sample of 378 organizations, to find out which of those had already undergone or were undergoing a succession process. The second interviewed the main manager of 32 organizations, to obtain a description of their succession experience. In this stage, the research aimed to analyze how the Individual, Organization and Environment dimensions interact to configure the succession process, identifying which factors of each of these dimensions can facilitate or limit this process. The following guiding elements were taken as the analytical basis: Individual dimension - leadership roles, skill and styles; Organization dimension - structure, planning, advisory boards, communication (transparency), control and evaluation; and Environment dimension - influence of the stakeholders (community, suppliers, clients, and business partners) on the succession process. The results indicated that succession in the researched associations is in the construction stage: it adapts to the requirements of current circumstances but is evidently in need of improvement in order for more effective planning and shared management of the process to be achieved.

Social control of public expenditures in a multilevel principal-agent approach

ABSTRACTThis study enhances the principal-agent model by incorporating a multilevel perspective and differences among agency situations. A theoretical discussion is developed using a proposed intersection of methodological focuses and a descriptive-exemplificative hypothetical analysis. The analysis is applied to public expenditure social control in representative democracies, and as a result, a principal-agent model unfolds that incorporates a decision-making perspective and focuses on formulation, negotiation, articulation, and implementation competencies. Thus, it is possible to incorporate elements into the principal-agent model to make it more permeable to individual, group, and societal idiosyncrasies with respect to public expenditure social control.

Análisis de los factores de éxito y fracaso del control social a la gestión pública estatal. Estudio de caso: la experiencia de la Red ciudadana de control social en Bienestar –componente discapacidad en Bogotá D.C

La presente monografía examina los alcances reales del Control Social a la Gestión Pública estatal desde el análisis de factores de éxito y fracaso, tomando como caso de estudio a la Red ciudadana de control social en Bienestar – componente discapacidad en Bogotá D.C. Este tipo de control fue concebido en marco normativo del país para prevenir actos corruptos y para que contribuyera al mejoramiento de la administración pública, haciéndola más acorde a las necesidades de la ciudadanía. Ahora bien, por lo que implica cumplir estas funciones, el control social se enfrenta a múltiples circunstancias que lo influyen positiva y negativamente, que determinan los efectos que pueda producir a nivel estatal y ciudadano. Para cumplir con este objetivo y a la luz del Enfoque Sistémico, se diseñó un modelo que permitiera identificar factores de éxito y fracaso basado en tres elementos básicos (organización, conocimiento y comunicación) que posibilitan caracterizar factores reconocidos en la bibliografía y otros nuevos que los provee el análisis de la experiencia, y que resultan hallazgos importantes por cuanto no se habían incluido hasta el momento en ningún recurso bibliográfico. En conclusión, se demuestra que mediante ciertas prácticas y acciones concretas los ciudadanos pueden incidir lícitamente en las actividades estatales, transformando la gestión pública y produciendo una mayor apropiación de lo público por parte de los ciudadanos.

The effects of maternal social phobia on mother-infant interactions and infant social responsiveness

Background: Social phobia aggregates in families. The genetic contribution to intergenerational transmission is modest, and parenting is considered important. Research on the effects of social phobia on parenting has been subject to problems of small sample size, heterogeneity of samples and lack of specificity of observational frameworks. We addressed these problems in the current study.Methods: We assessed mothers with social phobia (N = 84) and control mothers (N = 89) at 10 weeks in face-to-face interactions with their infants, and during a social challenge, namely, engaging with a stranger. We also assessed mothers with generalised anxiety disorder (GAD) (N = 50). We examined the contribution to infant social responsiveness of early infant characteristics (neonatal irritability), as well as maternal behaviour. Results: Mothers with social phobia were no less sensitive to their infants during face-to-face interactions than control mothers, but when interacting with the stranger they appeared more anxious, engaged less with the stranger themselves, and were less encouraging of the infant's interaction with the stranger; infants of index mothers also showed reduced social responsiveness to the stranger. These differences did not apply to mothers with GAD and their infants. Regression analyses showed that the reduction in social responsiveness in infants of mothers with social phobia was predicted by neonatal irritability and the degree to which the mother encouraged the infant to interact with the stranger.Conclusions: Mothers with social phobia show specific parenting difficulties, and their infants show early signs of reduced social responsiveness that are related to both individual infant differences and a lack of maternal encouragement to engage in social interactions.

SOCIAL-CONTROL OF GROWTH IN FISH

This review concerns the phenomenon of heterogeneous growth (Het-G) in fish. Het-G is characterized by different growth rates between conspecifics. Although genetic determination on Het-G is recognized, grouping increases the difference in size between conspecifics. This review focuses on population factors and the mechanisms underlying the socially mediated Het-G are summarized and discussed. The aim of this paper is to arrive at a general statement explaining why grouping decreases mean growth and why it suppresses growth only in some individuals. The mechanisms described are: a) food competition, b) chemical factors released by conspecifics, and c) social stress. Social stress is analyzed in terms of the effect on appetite, digestive processes and metabolism. It is proposed that the predominant mechanism promoting socially mediated growth suppression is related to the social habit of the species. The biological significance of growth heterogeneity in fish is also discussed. Growth variability is suggested as an adaptative strategy to optimize survival of the population in a restricted space.

The succession process at social enterprises in Brazil

This research was based on a study of social enterprises in Brazil, to find out if and how these organizations plan and manage the succession process for their senior positions. The study investigated the subset of the associations dedicated to collectively producing goods and services, because they are formally set up and aimed at speeding up the dynamism of local development. The empirical research consisted of two stages. The first was a survey covering a sample of 378 organizations, to find out which of those had already undergone or were undergoing a succession process. The second interviewed the main manager of 32 organizations, to obtain a description of their succession experience. In this stage, the research aimed to analyze how the Individual, Organization and Environment dimensions interact to configure the succession process, identifying which factors of each of these dimensions can facilitate or limit this process. The following guiding elements were taken as the analytical basis: Individual dimension - leadership roles, skill and styles; Organization dimension - structure, planning, advisory boards, communication (transparency), control and evaluation; and Environment dimension - influence of the stakeholders (community, suppliers, clients, and business partners) on the succession process. The results indicated that succession in the researched associations is in the construction stage: it adapts to the requirements of current circumstances but is evidently in need of improvement in order for more effective planning and shared management of the process to be achieved.

Feminist Tigers and Patriarchal Lions: Rhetorical Strategies and Instrument Effects in the Struggle for Definition and Control over Development in Nepal

This article offers an analysis of a struggle for control of a women’s development project in Nepal. The story of this struggle is worth telling, for it is rife with the gender politics and neo-colonial context that underscore much of what goes on in contemporary Nepal. In particular, my analysis helps to unravel some of the powerful discourses, threads of interest, and yet unintended effects inevitable under a regime of development aid. The analysis demonstrates that the employment of already available discursive figures of the imperialist feminist and the patriarchal third world man are central to the rhetorical strategies taken in the conflict. I argue that the trans-discursive or “borderland” nature of development in general and women’s development in particular result in different constructions of “development” goals, means and actors based not only on divergent cultural categories but on historically specific cultural politics. I argue further that the apolitical discourse of development serves to cloak its inherently political project of social and economic transformation, making conflicts such as the one that occurred in this case not only likely to occur but also likely to be misunderstood.

The Impact of Parental Psychological Control on College Students’ Relational Aggression and Friendship Quality

The present study investigated the relationships between parental psychological control and college students’ relational aggression and friendship quality. Based on previous research, it was expected that parents’ use of psychological control would be associated with students’ increased use of relational aggression with peers and lower friendship quality. Students completed a series of survey measures assessing their mothers’ and fathers’ use of psychological control, behavioral control, and warmth/acceptance. Students also completed a series of survey measures assessing their friendship quality, social skills, relational aggression, self-esteem, and social desirability. The study’s findings revealed that parental psychological control was associated with and predicted students’ increased use of relational aggression with peers. Parental psychological control was also associated with students’ lower friendship quality. However, parents’ use of psychological control did not predict students’ friendship quality after accounting for the influence of students’ personal and peer relationship variables. This finding suggests that characteristics of peer relationships may play a larger role than parenting behaviors in shaping college students’ friendships. The study also found that students who displayed higher levels of relational aggression had lower quality friendships. Other findings revealed that the relationship between parental psychological control and students’ friendship quality can be partially explained by students’ use of relational aggression with peers. Students’ friendship quality can also help to explain the influence of parental psychological control on students’ relational aggression. In addition, the study found that combinations of parenting behaviors were more informative predictors of students’ relational aggression and friendship quality than psychological control alone. Finally, this study revealed the importance of assessing participants’ social desirability when measuring sensitive personal qualities such as relational aggression, friendship quality, and self-esteem. Overall, this study contributes to the field of research on parental psychological control by revealing its effects on college students’ relational aggression and friendship quality.

Invisible social control as predictor of daily negative affect and smoking after a self-set quit date

The dual-effects model of social control proposes that social control leads to increased psychological distress but also to better health practices. However, findings are inconsistent, and recent research suggests that the most effective control is unnoticed by the receiver (i. e., invisible). Yet, investigations of the influence of invisible control on daily negative affect and smoking have been limited. Using daily diaries, we investigated how invisible social control was associated with negative affect and smoking. Overall, 100 smokers (72.0 % men, age M = 40.48, SD = 9.82) and their nonsmoking partners completed electronic diaries from a self-set quit date for 22 consecutive days, reporting received and provided social control, negative affect, and daily smoking. We found in multilevel analyses of the within-person process that on days with higher-than-average invisible control, smokers reported more negative affect and fewer cigarettes smoked. Findings are in line with the assumptions of the dual-effects model of social control: Invisible social control increased daily negative affect and simultaneously reduced smoking at the within-person level.

Texas Health & Safety Code, Section 165.002 - Right to Breastfeed in Texas

The language used in Section 165.002 of the Texas Health and Safety Code renders breastfeeding women vulnerable and susceptible to harassment, discrimination, and persecution via the Texas Penal Code, Sec. 30.05 (Criminal Trespassing), Sec. 21.08 (Indecent Exposure), and Sec. 21.22 (Indecency with a Child). ^ The overall goal of this paper is to develop a solution to this problem via a proposed law or legislative action that offers protection and support for breastfeeding women who choose to nurse in public. Data to inform these recommendations were collected through a literature review and structured interviews with several breastfeeding stakeholders. A literature review of state and federal breastfeeding legislation was conducted to compare and contrast differences between existing legislation in the United States. Interviews were conducted with breastfeeding legislation stakeholders, which included state legislators who have been active in breastfeeding legislation, breastfeeding mothers, and representatives from the Central Texas Healthy Mothers Healthy Babies Coalition (Centex HMHB Coalition), Texas Breastfeeding Coalition (TXBF coalition), La Leche League International, and the Texas Business Association. Data from the literature and legislation reviews and interviews were transcribed and examined for common themes using qualitative data techniques. ^ Overall, most of the stakeholders came to a general consensus on three points, (1) breastfeeding women are supported by stakeholders within the community, (2) other legislation or penal codes should not override the right to breastfeed, and (3) the current breastfeeding legislation needs to be improved to adequately support breastfeeding women. The interviews with breastfeeding legislation stakeholders yielded two major recommendations for the improvement of Section 165.002 of the Texas Health and Safety Code: advocacy efforts to change the wording of the legislation and education to inform people about the legislation. ^ The right to breastfeed is an important public health issue in that it provides a host of health benefits for mothers and children, and is more economical and environmentally superior to alternative feeding methods. While breastfeeding in public is not illegal nor ever has been, adequate legislation is important to affirm this right for women so that they can confidently feed their children without embarrassment or harassment.^