The application of fundamental rights to legal entities in compliance processes

In the field of constitutional and administrative law, fundamental rights have traditionally been conceived for the protection of natural persons, as they seek to guarantee the dignity, freedom, equality, and legal security of individuals.

However, with the development of corporate law and the liability regime for legal entities, it has been recognized that certain fundamental rights are also applicable to companies and other entities, especially when they are involved in judicial or administrative proceedings arising from compliance matters.

Thus, it must be acknowledged that legal entities, as subjects of law, can be subject to sanctioning procedures, criminal liability, administrative measures, and regulatory restrictions, which can affect their activities, assets, and reputation.

Given that these proceedings can have serious consequences for companies, it is essential that they enjoy the guarantees inherent in fundamental rights, ensuring that any sanction or resolution against them is adopted respecting the principles of legality, justice, and due process.

Thus, this analysis must begin with the constitutional and international recognition of the Fundamental Rights of Legal Entities.