Responsabilidade penal por omissão imprópria: a figura do compliance officer como garantidor no delito de lavagem de capitais

Abstract

The purpose of this article is to analyze the criminal responsibility of the compliance officer for improper omission, with a view to their functions in the implementation and compliance with the programs of prevention of money laundering in business relations. The work will start from the context of the risk society, at which time, with the expansion of Criminal Law, new modalities of economic crimes emerged and the consequent need to standardize criminal legislation to combat them. With the new risks and the uncertainty of their damages, it is shown that the expansionist tendency to punish such crimes is linked to the creation of omissive, especially improper conduct, which affects the guarantor's role, his role, responsibility and limits of performance.