Relativização das garantias constitucionais sob a égide processualística da Lei nº 7.492/86, em análise com o Princípio da Proporcionalidade.

Abstract

The Law No. 7492 of June 16, 1986 defines crimes against the national financial system, which in turn are known for White Collar Crimes name, common in Brazilian daily attendance more than, exactly, are noticed. Crimes are endowed with enough legal controversies since its legal provision to the huge questions about the effectiveness in the application of sanctions. The proportionality principle has as function to guide the consideration of the judge when faced with situations clash between the public interest and individual rights and guarantees as the Federal Constitution provides the option to relativize them. The question that arises then is how to solve the problem of large proportion of impunity of offenders of such crimes also included in the list of the most detrimental to public order due to the high number of victims. It is on this question that lies the issue of this work, consistently evaluated the state power to combat the golden criminality, its mechanisms and the weight of individual values compared to the damage caused to the community, all under the definition of criminal procedural treatment of the aforementioned law and in harmony with the principle of proportionality. A study on the beginnings of crime was conducted to better understand the sidelines of the criminal scenario of high social class that is distorted on the facilities offered by the status it has, to commit financial crimes. Explains the Brazilian economic order, crimes that stain it, and deficiencies and state difficulties in combating the White crimes, in addition to analyzing the techniques of the police and judiciary in the calculation of the evidence. The methods used in this research were scientific deductive and the monographic due to relevant contextual importance of daily events, since they are placed in the context of the legal and social sciences and as such influenced by the historical background. According to this study the central assumptions are based on a more focused reinterpretation to protect the collective interests than the irreducibility of individual guarantees, as the judicial system is full of flaws and empty laws. In defense of that, harsher penalties and a less soft processualistic system would be more effective and exemplary in preventive policy, demonstrating the positive results when the state began to adopt this weighting. This work does not aim to criticize the Federal Constitution to bring individual benefits to the defendant, but show a different treatment for the crimes by the extent of damage and warn of a new reinterpretation proportional to such.