O crime de lavagem de dinheiro: Aspectos inconstitucionais do indiciamento do servidor público com advento da Lei n°12.683/12.

Abstract

The present research aims to initially address the basic aspects of the crime of money laundering, discussing phases that constitute the legal and economic systems tutored mostly used by criminals. This crime is gaining increasing attention on the part of the legislator, as one realizes in the edition of the law No. 12.683/2012, which introduced some changes in the current law that typifies such offence the law nº 9.613/1998, aiming thus to prevent and combat all criminal practice with greater rigour. Given these legislative changes the study conducts a more specific approach of article 17-D, innovation brought by this law, which provides for the removal of the public server indicted in the crime of money laundering. In this way, aims to analyze a possible incompatibility of this device with our legal system under a constitutional Prism and infra. The work will be centered on indirect documentation phase, because the survey data was based on pre-existing documents. Essentially the job will develop in discourse, through bibliographical research, supported in the doctrine and in specific legislation on the matter. The character of the research shows the qualitative type, because it presents a mix of rational and intuitive slant procedures capable of contributing to a better understanding of the subject under study. The method of approach is deductive because will depart from general laws for the understanding of specific issues where to analyze the legal provisions as well as the doctrine related to the topic, the search order to establish the unconstitutionality of article 17-D inserted in the money-laundering law.