Criminal Liability of the Legal Representative in Food Matters: Commentary on Judgment No. 13784 of 2023

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 part of a legal context of increasing attention towards food safety and the responsibility of key figures in companies that produce and distribute food.

The Regulatory Framework and the Legal Representative's Liability

The central issue of the judgment concerns Article 5 of Law No. 283 of 1962, which governs criminal liability for violations in food matters. The Court has established that the legal representative of a company or business is liable for negligence in the possession or supply of non-compliant products. This implies that, even in the absence of direct intent, the legal representative can be held guilty for organizational deficiencies and for the lack of supervision over employees.

Contravention under Article 5 of Law No. 283 of 1962 - Liability for negligence of the legal representative of a company or business - Existence - Reasons - Delegation of functions - Legitimacy - Conditions. Regarding criminal regulations on food, the legal representative of a company or business is liable for negligence in the possession or supply of products not compliant with regulations, as organizational deficiencies and lack of supervision over the conduct of subordinate personnel are attributable to them, unless the offense pertains to tasks exclusively assigned to a delegate with specific powers, in cases where the company's size justifies the decentralization of tasks and responsibilities.

This passage is fundamental to understanding the legal implications for corporate executives. The Court has clarified that there may be circumstances in which the legal representative can delegate certain responsibilities, but only if the offense does not fall within the exclusive duties of a delegate, and only if the company structure allows for such decentralization.

Conditions for Delegation of Functions

The judgment also offers important insights regarding the conditions necessary 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 concern tasks that do not fall under the direct responsibility of the legal representative.
• Continuous Supervision: Even in the presence of delegation, the legal representative must maintain an adequate level of oversight and control.

These conditions outline a framework in which liability cannot be entirely 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 underscores the importance of proper corporate management and diligent oversight, highlighting that the delegation of functions does not entirely absolve the legal representative of their responsibilities. This ruling invites all professionals to reflect on their companies' internal organization and the necessity of always ensuring compliance with current regulations.