Legal Definitions - lucro captando

Lucro captando is a Latin phrase that describes the intention or purpose of seeking financial gain or profit. It refers to actions or decisions primarily driven by the desire to make money or secure a financial advantage. In legal contexts, understanding whether an action was undertaken "lucro captando" can be crucial for determining intent, liability, or the nature of a transaction.

Here are some examples to illustrate this concept:

• Business Contract Negotiation: Imagine a large corporation negotiating a supply contract with a smaller vendor. The corporation pushes for extremely favorable terms, including very low prices and extended payment cycles, even though it could afford more generous conditions. Their primary goal is to minimize their own costs and maximize their profit margins.

  This scenario demonstrates lucro captando because the corporation's aggressive negotiation tactics are driven by the explicit aim of securing the greatest possible financial benefit for itself, rather than fostering a balanced, mutually beneficial relationship.

• Investment Scheme: Consider an individual who promotes a "get-rich-quick" investment opportunity, promising unusually high returns with little to no risk. This individual knows the scheme is unsustainable and will eventually collapse, but they continue to solicit funds from new investors.

  The individual's actions are a clear example of lucro captando. Their sole intent is to capture money from unsuspecting investors for their personal financial gain, without any genuine intention of providing a legitimate return on investment.

• Environmental Compliance Decision: A manufacturing company decides to delay upgrading its outdated pollution control equipment, even though it knows the existing system occasionally exceeds environmental emission limits. The cost of the necessary upgrade is substantial, and postponing it saves the company millions in the short term, directly boosting its quarterly profits.

  The company's decision to defer the upgrade is an act driven by lucro captando. While there might be other justifications, the underlying motivation is to avoid significant expenditure and thus preserve or increase their profits, even at the potential cost of environmental impact or regulatory non-compliance.