A flexibilização do sigilo bancário no combate ao crime de lavagem de dinheiro.

Abstract

This essay aims to appreciate the effects of bank secrecy's relaxation in Brazilian law as an instrument used in money laundering crime combating. The GAFI (FATF in English), Financial Action Task Force on Money Laundering, an intergovernmental organization created from the G-7's initiative, edited 40 recommendations to be executed by countries in combating the whitening illicit money, emphasizing the importance that the countries under their domestic law do not maintain professional secrecy rules that avoid the conformity with the recommendations. The requirement to adapt the rules about banking secrecy to international standards is necessary because this instrument is used as main weapon by criminal organizations so that the process of money laundering is complete without being noticed. In Brazil there are two Project of law that modify the rules about banking secrecy, the PL 49/2005 and PL 418/2003, these projects will partially reach the international pressure about the relaxation. The essay uses bibliographic researches and materials found in the Internet, extracted out from officials organizations to money laundering combat in Brazil and abroad, it was used comparative, deductive and historical evolution methods. Finally, the essay aims to bring up debates about the importance of relaxation of banking secracy rules in the home rights so that it can fight against this practice in our homeland and contribute to curbing the spread of this process in the world.