Abstract

AbstractThe present paper aims to provide a comprehensive yet critical overview of current Brazilian legislation on money-laundering prevention and control. Given that stripping criminals of their illegal profits has for a long time been considered one of the most important measures in the fight against international and organized crime, a part of this paper explores the legal mechanisms that allow for this to take place as a consequence of crime and, especially, in connection with money laundering in the context of the Brazilian criminal justice system.

Highlights

  • One simple adage connects the two main subjects of this paper: “Crime does not pay.” As it turns out, crime does pay

  • The crime of money laundering, as described in Brazilian legislation, encompassed conducts exclusively relating to the illegal proceeds of drug trafficking, terrorism, trafficking of arms and ammunition, crimes against public administration, crimes against the national financial system, and crimes committed in the context of a criminal organization

  • The Brazilian legislator explicitly stated that without an interpretation criterion like that of a set list of predicate money laundering offenses, the bill would be proposing some “mass criminalization,” indistinctly covering endless conducts financially connected to any number of crimes

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Summary

Introduction

One simple adage connects the two main subjects of this paper: “Crime does not pay.” As it turns out, crime does pay. The crime of money laundering, as described in Brazilian legislation, encompassed conducts exclusively relating to the illegal proceeds of drug trafficking, terrorism, trafficking of arms and ammunition, crimes against public administration (such as corruption), crimes against the national financial system (such as those described in Law 7.492/86), and crimes committed in the context of a criminal organization.

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