Fraudes no mercado financeiro: aspectos jurídicos e desafios na responsabilização e na punição

Abstract

This article addresses the issue of fraud in the financial market, dealing with prevention and action against these crimes. The study contextualizes the financial market, highlighting its concept and structure, as well as the main agents involved in market regulation. The research is also dedicated to examining current legislation, both nationally and internationally, approaching the analysis of real cases, such as the Americanas case. Regarding the issue of fraud in the capital market, the legal aspects and challenges faced in holding the accused accountable and punished are examined. In this sense, the study proposes how the market should update itself to prevent such fraud, highlighting the importance of ethics and compliance as means in the process. As a result, the work proposes new legislation on market fraud, seeking to strengthen the regulatory framework and promote greater security and transparency in the financial market. This proposal aims not only to prevent and punish fraud more efficiently, but also to encourage a culture of integrity and compliance among market agents, contributing to the sustainable and equitable development of the financial system as a whole. To achieve the desired results, studies were conducted using the inductive method, supported by predominantly bibliographic research.