Lavagem de capitais: uma abordagem das mudanças advindas com a Lei nº. 12.683/12.

Abstract

Nowadays, it realizes that money laundering becomes a global problem whose effects cannot be measured in isolation, since the harmful impacts of this type of crime diffuse beyond national borders. At this juncture, before the criminological developments, the challenge of criminal law is to be attentive to new forms of crime, in order to restrain them, without, however, disregarding the norms prescribed in a democratic state of law. Searching to thwart crime, the legislature makes use of repressive acts of innovation, which in the case of money laundering, materialized through the project of law. 209/03 in the Senate (procedure under No. 3443/08 of the House of Representatives) that culminated in the enactment of Law no. 12,683, dated July 9, 2012. Thus, this monograph aims, in general, to analyze the changes that the aforesaid law perpetrated in Law. 9.613/98, whose aim was to make more efficient the prosecution of crimes of money laundering in the national scene. Furthermore, it is intended, specifically, dealing with criminal law in its source, to check the development of traditional law to the demands of a society whose facets of crime evolve; aims also to identify the relationship between the criminal law and the crime of money laundering, studying generalized aspects about crime and demonstrating the relevance and topicality through the analysis of criminal action No. 470 of the Superior Court, as well as, to confront the negatives and positives originated from it, and its consequences for criminal prosecution, to offer solution to end the questioning erected, namely, verify if the changes made indeed resulted in greater efficiency in the prosecution of crimes of money laundering in reality, to confirm or deny the hypothesis seated towards confirmation of success achieved by these changes; it was used to develop the study, the method of hypotheticaldeductive approach and methods as the dialectical and hermeneutic procedure, aided by history. It was employed the technique of literature, using direct sources (international and national rules) and indirect (doctrines, jurisprudence and scientific articles published in sites).