Criminal Liability of the Legal Representative in Food Products: Commentary on Judgment No. 13784 of 2023
The judgment No. 13784 of January 20, 2023, issued by the Court of Cassation, addresses a crucial issue concerning the criminal liability of legal representatives of companies in cases of violations of food regulations. This ruling is placed within a legal context of increasing attention towards food safety and the responsibility of key figures in food-producing and distributing companies.
The Regulatory Context and the Responsibility of the Legal Representative
The central issue of the ruling concerns Article 5 of Law No. 283 of 1962, which governs criminal liability for violations related to food products. The Court established that the legal representative of a company or firm is liable for negligence for the possession or distribution of non-compliant products. This implies that, even in the absence of direct intent, the legal representative may be found guilty for organizational deficiencies and for failing to supervise employees.
Contravention under Article 5 of Law No. 283 of 1962 - Liability for negligence of the legal representative of a company or firm - Existence - Reasons - Delegation of functions - Legitimacy - Conditions. In terms of criminal regulation of food, the legal representative of a company or firm is liable for negligence for the possession or distribution of products that do not comply with the regulations, as he is accountable for organizational deficiencies and the lack of supervision over the actions of the employees, unless the offense pertains exclusively to the tasks assigned to a designated person with a specific delegation, in cases where the size of the company justifies the decentralization of tasks and responsibilities.
This passage is fundamental to understanding the legal implications for corporate executives. The Court clarified that there may be conditions under which the legal representative can delegate certain responsibilities, but only if the offense does not fall within the exclusive tasks of a designated person with delegation, and only if the corporate structure allows for such decentralization.
Conditions for Delegation of Functions
The judgment also offers important insights regarding the necessary conditions for effective delegation. Here are some key points:
- Company Size: The size of the business must justify the decentralization of responsibilities.
- Exclusive Tasks: The delegation must pertain to tasks that do not relate to the direct responsibility of the legal representative.
- Continuous Supervision: Even in the presence of delegation, the legal representative must maintain an adequate level of supervision and control.
These conditions outline a framework in which responsibility cannot be completely transferred, still requiring careful supervision by the legal representative.
Conclusions
Judgment No. 13784 of 2023 represents an important clarification on the criminal liability of legal representatives in the food sector. It emphasizes the importance of proper business management and attentive oversight, highlighting that the delegation of functions does not fully exempt the legal representative from their responsibilities. This ruling invites all professionals to reflect on the internal organization of their companies and the necessity to always ensure compliance with current regulations.
