Banca de QUALIFICAÇÃO: MARIA EUGENIA BATISTA CORDEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA EUGENIA BATISTA CORDEIRO
DATE: 08/05/2023
TIME: 16:00
LOCAL: Ambiente virtual
TITLE:

THE CRIMINAL LIABILITY OF THE LEGAL ENTITY IN MONEY LAUNDERING CRIMES

KEY WORDS:

Money laundering; economic crime; criminal liability; legal entity.

PAGES: 80
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Money laundering is a process that ensures the perpetuation of crime, undermining economic development and justice systems around the world. The fight against money laundering requires alignment between global jurisdictions, which has been achieved since 1988 when the Vienna Convention addressing the issue was celebrated, with a focus on combating drug trafficking. The potential for harm in this type of crime becomes even more prominent when complex business mechanisms are involved. Therefore, the study of this matter is important because the commission of economic crimes in the corporate environment facilitates the violation of collective juridical goods relevant to social coexistence, whose repression challenges the foundations upon which the Brazilian punitive system is based. In this factual context, this research aims to study the use of the corporate environment for the commission of economic crimes, with the aim of answering the following research question: can the criminal liability of a legal entity be considered an effective instrument to combat economic crime, especially in cases of money laundering? To answer this question, the research to be conducted is defined as applied, theoretical in type, and explanatory in objective. The approach will be qualitative, and the study will use the hypothetical-deductive method, implemented through bibliographic and legislative procedures. The hypothesis is that Article 173, § 5 of the Brazilian Federal Constitution has allowed the legislator to create criminal offenses directed towards legal entities for committing crimes against economic, financial, and popular economy orders. Finally, it is concluded that the criminal liability of a private legal entity can be a powerful tool for combating money laundering, in conjunction with sanctioning administrative law, contributing to the proper implementation of this approach.

COMMITTEE MEMBERS:
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO