Lavagem de capitais: (Dis)funções político-criminais no seu combate. A perda de efetividade do sistema penal, a quebra das garantias constitucionais e os seus prejuízos à cidadania.

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This work aims to study the money laundry phenomenon as a new trend of criminal law in incriminates new actions considered as a result of an expansionist movement and on the grounds of legal guardianship new goods. The research is carried out on historical foundations in the protection of the economic order by the federal constitution. Furthermore the international context in the criminalization of these new demands was studied. The white-collar crimes present themselves as a new kind of crime. And this movement of universal criminal justice is itself explained the emergence of money laundering. From this context the main aspects of law 9613/98 were studied with critical position trying to understand the purpose of punishment. It is questioned the very concept of function and what is the basis for criminal protection making it a legitimating and non-legitimating theories of criminal law. Questions were made even the self-incrimination as a symbol as an alibi for the legislature. Finally try to rationalize the expansion of criminal law and is the balance between the new authority and implied warranty to criminal prosecution

ASSUNTO(S)

função da pena garantismo crimes de colarinho branco money laundry lavagem de capitais white collar crime punishment function warranty direito

ACESSO AO ARTIGO

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