LA EMPRESA COMO INSTRUMENTO EN LA COMISIÓN DE DELITOS DE CUELLO BLANCO

Abstract

This paper examines the relationships between the elements of a business organization and the commission of labor crimes on the legal basis of the liability of the legal person in white collar crimes. This investigation details the antecedents in reference to the factors identified by the existing literature as elements that contribute to business crime and that may also contribute to labor crime. Using the concept of white collar crime as an approach, the main aspects of corporations are identified as areas that can motivate crime, provide opportunities for crime or allow the rationalization of criminal action. A compilation of doctrinal and literary arguments on the responsibility of the legal entity in white collar crimes is made, in order to shape and identify a legal perspective on business crime. The consequences and results derived from the legal analysis of the document, expose the true social impact that this type of crime can produce, and the results for the normal development of public and private sector activities, which can certainly entail a criminal responsibility on the possible violations in the social and organizational spheres.