Lei 12.683: “lavagem de dinheiro” e a infração penal antecedente. a busca de uma maior efetividade ou, simplesmente, “lei para inglês ver”?

Abstract

Money laundering is a very detailed and dynamic process which the criminal agent – through a series of actions – makes money obtained from other criminal activities look like licit. The organized crime and other violators benefit from the gains of this illegal operation. In order to inhibit money laundering, the United Nations have sponsored the 1988 Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Brazil ratified this Convention on June 26th, 1991, committing to characterize the crime in the country. Since then, the country has adopted the concept of ‘second generation’ money laundering, which determines a list of anterior crimes; these anterior crimes were listed in Article 1 of Law n. 9.613/98 (Law on Money Laundering). As a result of this exhaustive list of predicate anterior crimes was no scope to all crimes affecting the socio-economic order, required an urgent change this list to reach other serious crimes that were excluded from the Money Laundering Act. From this idea comes the Law n. 12.683/, causing numerous changes in the Law of Money Laundering, among which the main is the transformation in the law in a law 3rd generation, without limiting the crimes to money laundering; beyond important changes in prevention and control. In this study, the question will be, being the crime recycling values a threat to the stability of the global economy, the modification of Law n. 9.613 would be a way to combat money laundering, or simply immediatist and without its proper efficacy.