Administrators and technical functions can be heldresponsible

Administrators and technical functions can be heldresponsible

As widely publicized by national and international media, after several tragedies involving technical facts or actions, with or without procedural shortcomings, administrators, managers and professionals in technical functions can be held responsible for the acts performed or results/effects related to their competencies or in the exercise of their activities, even if practiced in accordance to the company interest.

 The legal repercussions of acts or events may involve administrators, directors, managers, attorneys, accountants, responsible technicians, engineers etc. For the determination of culpability the factual situation shall be analyzed in details, once the responsibility is not limited to the administrative and/or business spheres. In the case of company managers, for example, these may be responsible for the crime of fraudulent management practices.

Thus, it is increasingly common for legal entities to take steps to prevent risks and avoid responsibility for the irregular, reckless or inappropriate performance of its managers and technical professionals. Compliance with specific legislation, rigorous operational procedures in the operational structure and a (re)evaluation of the risks involved in each operation, according to the field of activity, are the keys to minimizing the implications that may occur. Our Public, Regulatory Law, M&A, Criminal, Compliance and Banking sectors will continue to monitor the legislative evolution and are available to provide further information or clarification related to the matter.

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