Branqueamento de capitais

• Autor(a) principal: Monteiro, Gracelino Mendes Varela
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/20319
• topic: branqueamento de capitais; lavagem de dinheiro; lavagem de capitais; reciclagem dos produtos do crime; ocultação ou dissimulação; actividades ilícitas; proventos do crime; crime antecedente; subjacente; precedente; prévio; principal; money laundering; recycling of crime products; concealment or disguise; illegal activities; proceeds of crime; antecedent crime; underlying; previous; main; Direito

As it´s known, with the elimination of physical boundaries and the advancement of technologies of information and communication, many companies that carry out lawful activities had their activities expanded. On the other hand, many criminal companies whose purpose is to expand their criminal activities (organized crime) have also emerged, in which their main livelihood is the legitimization of crime products. Thus, as a result of this situation, in the 80s, many international organizations have begun to fight money laundering, due to the severity and development of this crime. Initially, it was with the 1988 Vienna Convention, Subsequently other international, supranational and regional organizations also began to fight the crime mentioned above. At the beginning, the only underlying laundering crime was drug trafficking. Then, several states have begun to show some concern with the above situation and ended up creating legislation to combat money laundering. Cape Verde was not exception and eventually regulate money laundering for the first time in drug law, law number 78 / IV / 93 of July 12th. The crime of money laundering is the concealment of proceeds of crime in order to prevent its confiscation and its detection by the State. It is considered a serious crime and undermines the achievement of justice. Still, jeopardizes the proper functioning of competition among firms and weakens the intuitions of the state of democratic right, pinching, thus the international image of a state. In Cape Verde, despite of having followed all the guidelines of combat at legislative levels, there have been only two convictions for the crime of money laundering so far. Thus, one is left with the conviction that this is a symbolic criminal law - when a state due to pressure from the media, international communities and citizens, creates an ineffective criminal type, whose purpose is to win votes with the violation of the classical principles of criminal law.