INSIDER TRADING ACCORDING TO CVM: LIMITS OF THE APPLICATION OF CRIMINAL LAW TO THE CRIME OF ARTICLE 27-D OF LAW 6.385/76

Abstract

This research has relevance in the national legal scenario, since it turns to the analysis of the limits of the applicability of criminal legislation to insider trading, from the perspective of Article 27-D of Law No. 6385/76. Thus, the main objective of the research is to do a job with the aim of identifying the real applicability of law no. 6,385/76 to crimes in the financial market of actions, thus creating a north directed the legal community on the criminal consequences of the agents, demonstrating who they are and who has the ability to be imputed with active subject of the crime and also demonstrating who has the capacity to judge this offense through understandings jurisprudential, thus trying to solve some of the main dubious elements in insider trading crimes, based on the possible apparent conflicts of norms in the Brazilian legal system. As for the means, the research was bibliographic and a technique of deductive approach was used, in legal sites, jurisprudence, doctrines, because the theoretical-methodological foundation is very necessary for this work.