A perda alargada no sistema jurídico brasileiro

• Autor(a) principal: Leite, Mauricio Silva
• Data de Publicação: 2024
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41359
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Perda alargada; Bens incompatíveis com a renda lícita; Critérios de validade; Processo penal; Constituição Federal; Direitos Humanos; Extended confiscation; Assets incompatible with legal income; Validity criteria; Criminal proceedings; Federal Constitution; Human Rights

This study examines the extended confiscation established by Law no. 13,964/2019, specifically, the insertion of art. 91-A of the Penal Code, which provides for the possibility of forfeiture of assets from the convicted individual that are not compatible with one’s legal income. This investigation is based on the following hypothesis: the forfeiture may face limits to its applicability, mainly regarding the need to follow constitutional rights and guarantees of due legal process, broad defense, adversary proceedings, the presumption of innocence, the legal reserve, ne bis in idem (double jeopardy), and equality. As a result, the thesis analyzes the insertion of the concept in the Brazilian legal system to indicate that its application must comply with certain criteria of validity in criminal procedure, without which it will become incompatible with the Federal Constitution of 1988 and international treaties of human rights recognized by the Brazilian legal system. The thesis framework is based on qualitative scientific research (whose data collected provide details and in-depth knowledge of the topic for a better understanding of the matter at stake). It is structured in 3 chapters of an exploratory nature (with emphasis on the subjective character of the object, the study of its particularities and singular experiences). An analytical-descriptive narrative also guides it, as it uses legislation, the history of specific national and international doctrines of criminal law, and criminal procedure as a legal system, aligned with international human rights treaties