CORDEIRO, M. E. B.; http://lattes.cnpq.br/0600423908505530; CORDEIRO, Maria Eugenia Batista.
Resumen:
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.