O crime de lavagem de capitais – características e autonomia

• Autor(a) principal: Bandieri, Rodrigo Carneiro Maia
• Data de Publicação: 2011
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35541
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Direito penal; Direito processual; Lavagem de dinheiro; Bem jurídico-penal; Princípio da autonomia; Criminal law; Procedura law; Money laundering; Legal Well -Criminal; Principle of autonomy

According to current research, fostered by the Federal Criminal Courts including specially created for this purpose, fighting the criminal investigation of the crime of laundering money, almost $ 3 trillion in dirty money, great part of GDP - Product Gross domestic - globally, are released into the economy. Concerned authorities with the overwhelming magnitude and consequences on the economy both macro economic and national transactional practice originated with the support of these crimes in historic Vienna Convention dated 1988, our country, Brazil has ratified it by Decree-Law No. 154 of 26 June 1991, aiming to give a kick-start from the perspective internal repression of money laundering. Thus, the legal world came the notorious Law. 9613/98, which took a number of suggestions of "Forty Recommendations of the FATF / FATF - Financial Action Task Force / Gropue d'Action Financière. If, on the one hand, with the publication of this law there was a greater power acting repressive / punitive damages, limiting the practice of such an offense, bringing great news for the current administrative system in Brazil, supported by strong performance of our Ministry of Justice, was born the Anti-Illegal Financial Activities (OFAC), the primary function of intrinsic, is investigating the suspicious activities of financial transactions in general, such as money laundering; discuss if on the other hand, suppressed the scientific front Criminal Law rights and fundamental guarantees, torn, substantially due to the possibility of early court of criminal activity only with evidence, without any proof more robust, providing and ensuring immediate, the legislature of country, type of crime of money laundering absolute autonomy in relation to previous crimes, which originated spurious resources on which our present work versa. Adding to this, these possibilities, the birth of the measures arising from this assecuratórias possible crime, which are launched against the defendants, or pseudo defendants in embryonic stage process criminai. Once initiated a criminal case in one of the Federal Criminal Courts here Subsection of Sao Paulo, has been the initiation of an inquiry sheet, lock accounts, corners of furniture goods, seizure of property, vehicles and goods praceamento. It is the imperative nature of the Criminal Law of the Enemy, sealed in our national legal system. Another question to be discussed is the infraction of criminal law the principle of equality of arms or "checks and balances implemented by the liberal state of law, because" everything to friends, enemies, the law. "