Banca de DEFESA: MARIA EUGENIA BATISTA CORDEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARIA EUGENIA BATISTA CORDEIRO
DATE: 27/06/2023
TIME: 16:30
LOCAL: Ambiente virtual - https://us02web.zoom.us/j/89835543283?pwd=TVJ0ODk1NzJvc0phTDZpbStDeVYzUT09
TITLE:

THE CRIMINAL LIABILITY OF THE LEGAL ENTITY IN MONEY LAUNDERING CRIMES

KEY WORDS:

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

PAGES: 131
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. As a hypothesis, we have that art. 173, § 5 of the Constitution of the Federative Republic of Brazil of 1988 allowed the legislator to create criminal types, directed to legal entities, for the commission of crimes against the economic and financial order and the popular economy. 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:
Presidente - 1149575 - IVAN LIRA DE CARVALHO
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Externa à Instituição - HELOISA ESTELLITA - FGV