REFLEXÃO ACERCA DA ADMINISTRATIVIZAÇÃO DO DIREITO PENAL BRASILEIRO (COM A LEI 12.846/2013)

<p>This construction aims to present, from critical analysis, the current situation of contemporary criminal law and its expansionist trend against the fundamental rights and “Garantista System”, adopted by the Brazilian Constitution. Also aims to address what has been called as Crisis of Criminal Law Classic and the contrast of old paradigms with the current context of increased crime in Brazil, especially as pertains to the practice of acts of corruption, money laundering and the entitled “white-collar crimes”. Finally, points to the solution found by the legislature, the ordinary federal law 12,846 of 2013 (to combat corporate corruption) as an alternative to, given the rigidity of “Garantista System” of the Federal Constitution, improve the efficiency of state in illicit pursuit that cause huge losses to the public.