A possibilidade de flexibilização do uso de provas ilícitas na repressão à lavagem de dinheiro.

Abstract

This scientific monograph focuses on the interdependent relationship between money laundering, regulated by Law 9612/98, and the criminal organization, disciplined by Laws 9034/95 and 9303/96, showing how that link works destructively on social reality, economic and national and global policy and the reason to most intense actions against the institutions in question, highlighting the possibility of a relativization of the use of illicit proofs origin as a way to suppress such unfair that diffusely spread throughout the population nationally and internationally. The objective is also to conceptualize and chart a brief history of money laundering, as well as to elucidate how this is rendered illegal and demonstrate the importance of this as a way to achieve the goal of organized crime. Also inquire highlight the emergence and development of organized crime in the world and examine how the phenomenon of globalization and the rigging of the money laundering contribute to the growth of organized crime. It is also proposed to address how to effect the evidence production in these illicit showing the complexity of this task, since both have large illegal economic power and influence intrastate. It is also provided to implement the Law 11690/2008 which reformed the Criminal Code of Procedure act regarding the possible use of illegal proofs, rooting as the use of the theory of the fruit of poisonous tree and related work influencing the power Brazilian judiciary. For this, it will be used the legal-exegetical and hypothetical-deductive methods. It was evident that there is a feedback of organized crime by laundering money, concurrently with the world situation and the relationship of national sovereignty, creates spaces with no state, which favors the unbridled growth of organized crime with a global trend for formation of the "business crime". Take the form of a possible aid to the repressive actions against the illegal screen on the relativity of the use of illegal proofs in the Brazilian legal system, since there is a clash between fundamental rights that are directly and indirectly harmed by the crimes listed above, the fundamental rights of proponents these crimes.