Gestão e destinação dos bens apreendidos no processo penal

• Ano de defesa: 2015
• Autor(a) principal: Comploier, Mylene
• Orientador(a): Smanio, Gianpaolo Poggio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Palavras-chave em Português: gestão e destinação de bens apreendidos; processo penal; perda de bens; crime organizado; agência para gestão de bens apreendidos
• Palavras-chave em Inglês: management of seized assets; criminal procedure; confiscation activities; organized crime; asset recovery offices
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23883

This study aims to make a critical analysis of the Brazilian management and disposal of apprehended goods seized, impounded, locked and specific foregone by the criminal justice system. Globalization has brought with it the international nature of crime. To face that issue, a new criminal policy has become part from the international agenda, settled on the tripod criminalizing money laundering, international legal cooperation and confiscation. A criminal law reaction is moved to a economic realm, since the application of imprisonment is considered too low to quell this new type of crime, especially in so-called 'white-collar offenses'. With this paradigm shift, several relevant international conventions and treaties ratified by Brazil, recommend the objective of placing the offender in the net assets it had before the perpetration of the crime, which gave body to the issue, although tibia way, some pieces of legislation that deal with the asset from crime aspect. Hereinafter new problems emerge notably practical applicability on the issue of asset recovery, including the absence or ineffectiveness of heritage inquiries, need to Changeover the mentality of of law operators and the pressing request for creating bodies or agencies that devolve management of seized goods, including its preservation provisional use, selling or leasing prior. On the legislative side, as well is approaching-acute the approval from a bill that comes to domain putting out civil action order to make it possible the enlarged lost, by taking into consideration the new global criminal policy adopted regarding the economic criminality was ratified by several international conventions and treaties.