Banca de DEFESA: RODRIGO CAVALCANTI

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RODRIGO CAVALCANTI
DATE: 08/12/2021
TIME: 14:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

CAPITAL LAUNDERING: ECONOMIC CRIMINAL FACING THE EXPANSION OF CRIMINAL LAW AND PRESERVATION OF FUNDAMENTAL RIGHTS FACING THE ENEMY'S CRIMINAL LAW

KEY WORDS:

Criminal Law. Economic criminal law. Money laundering. Constitutional guarantees. Expansion of criminal law. Criminal law of the enemy.

PAGES: 123
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The crime of money laundering was introduced into the Brazilian legal system by Law 9,613/98 in compliance with the agreement of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, carried out in 1988. After several legislative reforms and changes in criminal policies local and global measures to combat bleaching, Law 12683/2012 was enacted in Brazil, which substantially changed the legal system against laundering, seeking to adapt the country to modern international policies. This research proposes a hermeneutic analysis of the crime of money laundering, from its concept, characteristics and justifications, through the legal asset to be protected according to Claus Roxin's theory, establishing parameters about its constitutionality and bringing the necessary discussion about the advancement of economic crime and the economic analysis of crime for the efficiency of confronting it within the scope of the Constitutional Criminal Process, the democratization of the process and the realization of fundamental rights and guarantees inherent and made more flexible by the current context within the perspective of evident expansion of criminal law, law and order, creation of new penal types, increase and hardening of sentences, in addition to the advance of provisional procedural arrests in clear allusion to the so-called criminal law of the enemy led by the theory of authorship by the German Gunther Jakobs, in which there is a clear distinction between citizens and enemies in society, thus attributing a functional theory of punishment, which starts to have not only a retributive and preventive purpose, but especially to combat the enemies of the State, chosen by the latter and with an emphasis on flexibilization and withdrawal of fundamental rights and constitutional procedural guarantees achieved by society within the scope of Democratic state. For such an analysis, it will look into which aspects the culture of fear, social and media pressure come to exert influence on state criminal policy, in particular for the confrontation of crimes committed by criminal organizations, and if the typification of money laundering is directly linked to this Jakobsian theory, both in terms of its own existential justification reflected in the inaccuracy of a legal asset that is criminally protected and of intolerable risk, and in the use of its legal mechanisms of criminal prosecution existing in the anti-laundering law itself as in the rest of the legal system that express true non-compliance with and affront to basic rights such as due process of law, the presumption of innocence, non-blame, procedural celerity, broad defense and the dignity of the human person as a universal comparison of the fulfillment of instrumentality constitutional of the criminal procedure in which there is no room to go back to the inquisitive process, but only the improvement of the accusatory criminal system, with division of functions of the subjects of the process, not confusion of the judge with the author of the criminal action and the necessary knowledge that the judge it is not part of the public safety apparatus.

BANKING MEMBERS:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Externo à Instituição - FILLIPE AZEVEDO RODRIGUES - UNP
Interno - 1149575 - IVAN LIRA DE CARVALHO