Criminalization of Corporate and Managerial Decisions in Politico-Economic Conflicts: Risk Assessment for Latin America
This report analyzes the systemic risk where corporate disputes, regulatory conflicts, and managerial decisions are intentionally transformed into criminal proceedings. The study examines how criminal prosecution mechanisms become tools of pressure in corporate conflicts, undermining the rule of law and negatively impacting the investment climate in Latin American countries.
The analysis explores the typology of business criminalization, focusing on procedural disproportions and enforcement mechanisms. The report details the secondary effects of this phenomenon: from de-banking and asset freezes to capital migration and the destruction of corporate reputation. It emphasizes that using criminal law as leverage in commercial disputes creates long-term risks for financial stability and institutional trust.
A significant portion of the work is dedicated to safeguards and the prevention of misuse. It provides a set of recommendations for judicial authorities, prosecutors, and development institutions aimed at ensuring the proportionality of measures taken. The report also discusses the role of the Organization of American States in shaping the regional agenda and protecting the rule of law standards necessary for the region’s sustainable economic development.
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