Antinomia : Derecho a la Libertad Empresarial vs. Compliance como atenuante de la responsabilidad penal corporativa.

Abstract

This project has focused on researching, analyzing and studying the antinomy between the second generation of rights, freedom of enterprise, enshrined in our Nation's Constitution of the Republic of Ecuador and Article 49 of our criminal code, Código Orgánico Integral Penal, this brings practical consequences on the development of Law. The legal problem emerges because of the eleven requirements for the compliance to be considered mitigating factor in the evaluation over the criminal liability of enterprises. The program could be a preventive and positive mechanism that prevents companies from becoming a negative burden that radically limits the autonomy of the enterprise. For this project, a comparative regulatory analysis has been applied, using several legal doctrine and legal sociology as a support. This leads to uncertainty of the interpretation of these regulations, which risking not just a violation of a constitutional principle but also the practical risks presented by the antinomy within our Ecuadorian legal system.