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.

EVIV: An end-to-end verifiable Internet voting system

Traditionally, a country's electoral system requires the voter to vote at a specific day and place, which conflicts with the mobility usually seen in modern live styles. Thus, the widespread of Internet (mobile) broadband access can be seen as an opportunity to deal with this mobility problem, i.e. the adoption of an Internet voting system can make the live of voter's much more convenient; however, a widespread Internet voting systems adoption relies on the ability to develop trustworthy systems, i.e. systems that are verifiable and preserve the voter's privacy. Building such a system is still an open research problem. Our contribution is a new Internet voting system: EVIV, a highly sound End-to-end Verifiable Internet Voting system, which offers full voter's mobility and preserves the voter's privacy from the vote casting PC even if the voter votes from a public PC, such as a PC at a cybercafe or at a public library. Additionally, EVIV has private vote verification mechanisms, in which the voter just has to perform a simple match of two small strings (4-5 alphanumeric characters), that detect and protect against vote manipulations both at the insecure vote client platform and at the election server side. (c) 2012 Elsevier Ltd. All rights reserved.

New mitochondrial and nuclear evidences support recent demographic expansion and an atypical phylogeographic pattern in the Spittlebug Philaenus spumarius (Hemiptera, Aphrophoridae)

Copyright: © 2014 Rodrigues et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

Demand for and availability of online support to stop smoking

OBJECTIVES: Estimate the frequency of online searches on the topic of smoking and analyze the quality of online resources available to smokers interested in giving up smoking. METHODS: Search engines were used to revise searches and online resources related to stopping smoking in Brazil in 2010. The number of searches was determined using analytical tools available on Google Ads; the number and type of sites were determined by replicating the search patterns of internet users. The sites were classified according to content (advertising, library of articles and other). The quality of the sites was analyzed using the Smoking Treatment Scale- Content (STS-C) and the Smoking Treatment Scale - Rating (STS-R). RESULTS: A total of 642,446 searches was carried out. Around a third of the 113 sites encountered were of the 'library' type, i.e. they only contained articles, followed by sites containing clinical advertising (18.6) and professional education (10.6). Thirteen of the sites offered advice on quitting directed at smokers. The majority of the sites did not contain evidence-based information, were not interactive and did not have the possibility of communicating with users after the first contact. Other limitations we came across were a lack of financial disclosure as well as no guarantee of privacy concerning information obtained and no distinction made between editorial content and advertisements. CONCLUSIONS: There is a disparity between the high demand for online support in giving up smoking and the scarcity of quality online resources for smokers. It is necessary to develop interactive, customized online resources based on evidence and random clinical testing in order to improve the support available to Brazilian smokers.

Genetic diversity of arginine catabolic mobile element in Staphylococcus epidermidis

PLos One, 4(11): ARTe7722

The Crystal Structure of the Escherichia coli Autoinducer-2 Processing Protein LsrF

PLOS ONE, 4(8):ARTe6820

Positive Epistasis Drives the Acquisition of Multidrug Resistance

The evolution of multiple antibiotic resistance is an increasing global problem. Resistance mutations are known to impair fitness, and the evolution of resistance to multiple drugs depends both on their costs individually and on how they interact-epistasis. Information on the level of epistasis between antibiotic resistance mutations is of key importance to understanding epistasis amongst deleterious alleles, a key theoretical question, and to improving public health measures. Here we show that in an antibiotic-free environment the cost of multiple resistance is smaller than expected, a signature of pervasive positive epistasis among alleles that confer resistance to antibiotics. Competition assays reveal that the cost of resistance to a given antibiotic is dependent on the presence of resistance alleles for other antibiotics. Surprisingly we find that a significant fraction of resistant mutations can be beneficial in certain resistant genetic backgrounds, that some double resistances entail no measurable cost, and that some allelic combinations are hotspots for rapid compensation. These results provide additional insight as to why multi-resistant bacteria are so prevalent and reveal an extra layer of complexity on epistatic patterns previously unrecognized, since it is hidden in genome-wide studies of genetic interactions using gene knockouts.

A Novel Autosomal Recessive GJA1 Missense Mutation Linked to Craniometaphyseal Dysplasia

Craniometaphyseal dysplasia (CMD) is a rare sclerosing skeletal disorder with progressive hyperostosis of craniofacial bones. CMD can be inherited in an autosomal dominant (AD) trait or occur after de novo mutations in the pyrophosphate transporter ANKH. Although the autosomal recessive (AR)form of CMD had been mapped to 6q21-22 the mutation has been elusive. In this study, we performed whole-exome sequencing for one subject with AR CMD and identified a novel missense mutation (c.716G>A, p.Arg239Gln) in the C-terminus of the gap junction protein alpha-1 (GJA1) coding for connexin 43 (Cx43). We confirmed this mutation in 6 individuals from 3 additional families. The homozygous mutation cosegregated only with affected family members. Connexin 43 is a major component of gap junctions in osteoblasts, osteocytes, osteoclasts and chondrocytes. Gap junctions are responsible for the diffusion of low molecular weight molecules between cells. Mutations in Cx43 cause several dominant and recessive disorders involving developmental abnormalities of bone such as dominant and recessive oculodentodigital dysplasia (ODDD; MIM #164200, 257850) and isolated syndactyly type III (MIM #186100), the characteristic digital anomaly in ODDD. However, characteristic ocular and dental features of ODDD as well as syndactyly are absent in patients with the recessive Arg239Gln Cx43 mutation. Bone remodeling mechanisms disrupted by this novel Cx43 mutation remain to be elucidated.

The Effect of Statins on Mortality in Septic Patients: a Meta-Analysis of Randomized Controlled Trials

OBJECTIVE: Statins are among the most prescribed drugs worldwide and their recently discovered anti-inflammatory effect seems to have an important role in inhibiting proinflammatory cytokine production, chemokines expression and counteracting the harmful effects of sepsis on the coagulation system. We decided to perform a meta-analysis of all randomized controlled trials ever published on statin therapy in septic patients to evaluate their effect on survival and length of hospital stay. DATA SOURCES AND STUDY SELECTION: Articles were assessed by four trained investigators, with divergences resolved by consensus. BioMedCentral, PubMed, Embase and the Cochrane Central Register of clinical trials were searched for pertinent studies. Inclusion criteria were random allocation to treatment and comparison of statins versus any comparator in septic patients. DATA EXTRACTION AND SYNTHESIS: Data from 650 patients in 5 randomized controlled studies were analyzed. No difference in mortality between patients receiving statins versus control (44/322 [14%] in the statins group vs 50/328 [15%] in the control arm, RR = 0.90 [95% CI 0.65 to 1.26], p = 0.6) was observed. No differences in hospital stay (p = 0.7) were found. CONCLUSIONS: Published data show that statin therapy has no effect on mortality in the overall population of adult septic patients. Scientific evidence on statins role in septic patients is still limited and larger randomized trials should be performed on this topic.

Rational manipulation of mRNA folding free energy allows rheostat control of pneumolysin production by Streptococcus pneumoniae

Rational manipulation of mRNA folding free energy allows rheostat control of pneumolysin production by Streptococcus pneumoniae

Myeloid Sirtuin 2 expression does not impact long-term Mycobacterium tuberculosis control

Sirtuins (Sirts) regulate several cellular mechanisms through deacetylation of several transcription factors and enzymes. Recently, Sirt2 was shown to prevent the development of inflammatory processes and its expression favors acute Listeria monocytogenes infection. The impact of this molecule in the context of chronic infections remains unknown. We found that specific Sirt2 deletion in the myeloid lineage transiently increased Mycobacterium tuberculosis load in the lungs and liver of conditional mice. Sirt2 did not affect long-term infection since no significant differences were observed in the bacterial burden at days 60 and 120 post-infection. The initial increase in M. tuberculosis growth was not due to differences in inflammatory cell infiltrates in the lung, myeloid or CD4+ T cells. The transcription levels of IFN-?, IL-17, TNF, IL-6 and NOS2 were also not affected in the lungs by Sirt2-myeloid specific deletion. Overall, our results demonstrate that Sirt2 expression has a transitory effect in M. tuberculosis infection. Thus, modulation of Sirt2 activity in vivo is not expected to affect chronic infection with M. tuberculosis.

Early holocenic and historic mtDNA african signatures in the iberian peninsula: The andalusian region as a paradigm

Determining the timing, identity and direction of migrations in the Mediterranean Basin, the role of "migratory routes" in and among regions of Africa, Europe and Asia, and the effects of sex-specific behaviors of population movements have important implications for our understanding of the present human genetic diversity. A crucial component of the Mediterranean world is its westernmost region. Clear features of transcontinental ancient contacts between North African and Iberian populations surrounding the maritime region of Gibraltar Strait have been identified from archeological data. The attempt to discern origin and dates of migration between close geographically related regions has been a challenge in the field of uniparental-based population genetics. Mitochondrial DNA (mtDNA) studies have been focused on surveying the H1, H3 and V lineages when trying to ascertain north-south migrations, and U6 and L in the opposite direction, assuming that those lineages are good proxies for the ancestry of each side of the Mediterranean. To this end, in the present work we have screened entire mtDNA sequences belonging to U6, M1 and L haplogroups in Andalusians--from Huelva and Granada provinces--and Moroccan Berbers. We present here pioneer data and interpretations on the role of NW Africa and the Iberian Peninsula regarding the time of origin, number of founders and expansion directions of these specific markers. The estimated entrance of the North African U6 lineages into Iberia at 10 ky correlates well with other L African clades, indicating that U6 and some L lineages moved together from Africa to Iberia in the Early Holocene. Still, founder analysis highlights that the high sharing of lineages between North Africa and Iberia results from a complex process continued through time, impairing simplistic interpretations. In particular, our work supports the existence of an ancient, frequently denied, bridge connecting the Maghreb and Andalusia.

Galanin-mediated behavioural hyperalgesia from the dorsomedial nucleus of the hypothalamus involves two independent descending pronociceptive pathways

Activation of the dorsomedial nucleus of the hypothalamus (DMH) by galanin (GAL) induces behavioural hyperalgesia. Since DMH neurones do not project directly to the spinal cord, we hypothesized that the medullary dorsal reticular nucleus (DRt), a pronociceptive region projecting to the spinal dorsal horn (SDH) and/or the serotoninergic raphe-spinal pathway acting on the spinal 5-HT3 receptor (5HT3R) could relay descending nociceptive facilitation induced by GAL in the DMH. Heat-evoked paw-withdrawal latency (PWL) and activity of SDH neurones were assessed in monoarthritic (ARTH) and control (SHAM) animals after pharmacological manipulations of the DMH, DRt and spinal cord. The results showed that GAL in the DMH and glutamate in the DRt lead to behavioural hyperalgesia in both SHAM and ARTH animals, which is accompanied particularly by an increase in heat-evoked responses of wide-dynamic range neurons, a group of nociceptive SDH neurones. Facilitation of pain behaviour induced by GAL in the DMH was reversed by lidocaine in the DRt and by ondansetron, a 5HT3R antagonist, in the spinal cord. However, the hyperalgesia induced by glutamate in the DRt was not blocked by spinal ondansetron. In addition, in ARTH but not SHAM animals PWL was increased after lidocaine in the DRt and ondansetron in the spinal cord. Our data demonstrate that GAL in the DMH activates two independent descending facilitatory pathways: (i) one relays in the DRt and (ii) the other one involves 5-HT neurones acting on spinal 5HT3Rs. In experimental ARTH, the tonic pain-facilitatory action is increased in both of these descending pathways.

Inactivation of PNKP by mutant ATXN3 triggers apoptosis by activating the DNA damage-response pathway in SCA3.

Spinocerebellar ataxia type 3 (SCA3), also known as Machado-Joseph disease (MJD), is an untreatable autosomal dominant neurodegenerative disease, and the most common such inherited ataxia worldwide. The mutation in SCA3 is the expansion of a polymorphic CAG tri-nucleotide repeat sequence in the C-terminal coding region of the ATXN3 gene at chromosomal locus 14q32.1. The mutant ATXN3 protein encoding expanded glutamine (polyQ) sequences interacts with multiple proteins in vivo, and is deposited as aggregates in the SCA3 brain. A large body of literature suggests that the loss of function of the native ATNX3-interacting proteins that are deposited in the polyQ aggregates contributes to cellular toxicity, systemic neurodegeneration and the pathogenic mechanism in SCA3. Nonetheless, a significant understanding of the disease etiology of SCA3, the molecular mechanism by which the polyQ expansions in the mutant ATXN3 induce neurodegeneration in SCA3 has remained elusive. In the present study, we show that the essential DNA strand break repair enzyme PNKP (polynucleotide kinase 3'-phosphatase) interacts with, and is inactivated by, the mutant ATXN3, resulting in inefficient DNA repair, persistent accumulation of DNA damage/strand breaks, and subsequent chronic activation of the DNA damage-response ataxia telangiectasia-mutated (ATM) signaling pathway in SCA3. We report that persistent accumulation of DNA damage/strand breaks and chronic activation of the serine/threonine kinase ATM and the downstream p53 and protein kinase C-d pro-apoptotic pathways trigger neuronal dysfunction and eventually neuronal death in SCA3. Either PNKP overexpression or pharmacological inhibition of ATM dramatically blocked mutant ATXN3-mediated cell death. Discovery of the mechanism by which mutant ATXN3 induces DNA damage and amplifies the pro-death signaling pathways provides a molecular basis for neurodegeneration due to PNKP inactivation in SCA3, and for the first time offers a possible approach to treatment.