The crime of disloyal administration: a disloyal system or a risk of patrimonial damage?

This article analyzes the thesis that the crime of disloyal administration (art. 470 Nº11 CPch) is based on the breach of a duty of patrimonial protection, that can be infringed by any action or omission executed from “inside” and that harms the patrimony of others, as if the duty were a general and negative one of not causing harm; that is, based on the “prohibited risk” of patrimonial damage. After a structural and evaluative analysis of vertical patrimonial relationships, it is concluded that the risk of harm does not constitute unjust enrichment that deserves punishment. The crime of disloyal administration under art. 470 Nº11 CPch is crystallized within a highly qualified, specific type of vertical relationship. Its unjust is limited solely to patrimonial damages attributed to breaches of a special duty of protection, whether through abuse or manifestly disloyal conduct.