Retenção dolosa de salário

This essay aims to analyze the willful wage withholding, specifically with regard to the absence of infraconstitutional law that gives it conformity in the criminal field. The research hypothesis revolves around the existence or not of a crime of willful retention of salary in the Brazilian criminal legal system, either directly or indirectly. The method of approach will be the dialectic-deductive, adopting as a bibliographical procedure. Thus, the article proposes, first, a reading on the constitutional protection of wages in the light of recent doctrinal and jurisprudential understandings on the conduct of detaining it intentionally; then the analysis of the criminalization of the behavior of the employer that does not pass the salary amounts to the employee is passed, in light of the Bill of the Senate no 415, of 2014. At the end presents the conclusions of the research.