Sigilo Profissional do Advogado e Lei Nº 12.683/2012: Considerações sobre o Crime de Lavagem e a Resolução Nº 24/2013 do COAF

• Autor(a) principal: Santos, Charles Silva
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/42679
• topic: Advocacia; Advocacy; Sigilo Profissionais; Secrecy Professionals; Legislação; Ethic; Ética; Legislation

This article discusses whether the lawyer, when defending a defendant of a crime of laundering, would be subject to commit some crime by virtue of the professional secrecy that he exercises. When storing inside information regarding the crime of washing, would the lawyer be susceptible to commit this criminal type? The crime of laundering is the act or set of acts practiced by an agent for the purpose of giving a legal appearance to assets (assets, rights or values) arising from criminal offense (antecedent criminal infraction). The main objective of this paper is to analyze these issues related to the professional secrecy of the lawyer and its relation with the crime of laundering, provided for in Law 12,683 / 2012. The question posed is: using professional secrecy, necessary when defending the interests of people suspected of money laundering, how to know whether or not the lawyer was committing a crime using this "advantage" ? For this purpose, the qualitative analysis method is used, which is followed by doctrinal studies and laws, including Resolution No. 24/2013 of the Financial Activities Control Council (COAF). Initially, it addresses the normatization in the national and international context of the crime of washing. In addition, it also deals with the secrecy of the lawyer and the crime of laundering. Finally, it is discussed how difficult it is to say how far the lawyer's secrecy would go beyond the limits of legality, since it is clear that the lawyer provides advice and advice, as well as represents the voice of the citizen, who needs defense, since it is constitutional guarantee in a Democratic State Right. It is concluded that, in the absence of specific legislation on the subject, it is difficult to identify the possible practice of laundering crime when using the professional secrecy of the lawyer for such a criminal practice. Finally, in the light of the above, one can see how difficult it is to say how far the lawyer's secrecy would go beyond the limits of legality. What is lacking is the existence of more specific and efficient legislation and the intensification of international cooperation in criminal matters in combating crime of laundering.