A responsabilização penal da pessoa jurídica nos crimes de lavagem de dinheiro

• Ano de defesa: 2023
• Autor(a) principal: Cordeiro, Maria Eugênia Batista
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Rio Grande do Norte; Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Direito penal; Lavagem de dinheiro; Responsabilidade penal; Pessoa jurídica; Criminalidade econômica; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufrn.br/handle/123456789/54734

Money laundering is an ensuring process of perpetuating criminality, functioning as a hindrance to economic development and undermining justice systems around the world. Its combat requires alignment between global jurisdictions, which has been materialized since 1988 when the Vienna Convention addressing the matter was celebrated, under the lens of drug trafficking repression. The potential harm of this type of crime gains even more relevance when complex corporate structures support it. Therefore, the study of this subject is important because the commission of economic crimes within the corporate environment fosters the violation of collective legal assets relevant to social coexistence, challenging the traditional foundations of the Brazilian punitive system. Given this factual context, the present research aims to study the use of corporate means to commit economic crimes, seeking to answer the following problem question: Is the criminal liability of legal entities in money laundering crimes in line with the Brazilian legal system? To address the proposed question, the research to be conducted is defined as applied, theoretical in type, and explanatory in objective. It is qualitative in approach, employing the hypothetical-deductive method, realized through bibliographic and legislative technical procedures. As a hypothesis, it is argued that Article 173, § 5 of the Federal Constitution of Brazil of 1988 allowed the legislator to create criminal acts directed at legal entities for the commission of crimes against the economic, financial, and popular order. Finally, it is concluded that the criminal liability of private legal entities aligns with the domestic law and can be a powerful instrument to confront money laundering, coupled with punitive Administrative Law, contributing to the integrity of this latter approach.