A insolvência culposa

: confronto com o crime de insolvência dolosa

Abstract

Following the provisions of paragraph 40 of the preamble of Decree-Law n. º 53/2004, of 18 March, which gave rise to the Insolvency and Business Recovery Code (CIRE), replacing the Code of Special Procedures for Company Recovery and Bankruptcy (CPEREF): "One objective of the reform introduced by this law is to achieve a greater and more effective accountability of company owners and directors of legal entities. That is the purpose of the new institute called the Insolvency Qualification Incident". As this is a vast and complex topic, this dissertation seeks to focus on the debtor's responsibility for the creation or aggravation of the insolvency situation, seeking to analyze the assumptions of the classification of insolvency as culpable and, in turn, what are the consequences and effects that arise from this qualification. Although the classification of insolvency as culpable is not required for the purposes of the decision in criminal proceedings, namely for the fact that we are facing a crime of intentional insolvency, we reserve a chapter of this Dissertation for an analysis of the possible correlation between these two institutes – the classification of culpable insolvency, within the scope of the CIRE, and the crime of intentional insolvency, within the scope of criminal law.

Date of Award	4 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Luís Araújo (Supervisor)