MAD. EUA.xlsx

 Beyond a survey that compares countries with different legal systems, this research aims to answer the following question: which are the evidences used in insider trading criminal lawsuits in USA? And how these mean of evidence could support the Brazilian criminal law enforcer? Therefore, it is necessary to meet four specific objectives: 1) Establish the conceptual place of using privileged information, in its criminal aspect; to show the controversies on the subject, demonstrating how the subject is treated in the national and international literature, considering that it is a comparative study; 2) Investigate and demonstrate the decision analysis methodology as a form of empirical investigation in order to discuss the evidentiary activity in insider trading crimes; 3) Discuss how the US faces the issue, especially with regard to the role of evidence, with the aim of bringing elements to the Brazilian law enforcer. The study has a qualitative and quantitative approach, based on literature review and support on Content Analysis Methodology and Decision Analysis Methodology. The unit of analysis is criminal cases in the United States of America, in the year 2019. The evidences used in insider trading criminal lawsuits in USA are: breach of confidentiality; confession; testimonial evidence; lent evidence; communication with craft unions; statistical analysis; articles from newspapers and conclusions of Companies Auditing Committee, are fully possible evidence to be raised and constructed by the Brazilian criminal judiciary. That’s why the study also presents proposals for improvement.