Lavagem de dinheiro e cooperação jurídico-penal internacional: a experiência brasileira sob o enfoque das recomendações do Grupo de Ação Financeira Internacional – GAFI

Abstract

This paper aims to evaluate how the FATF recommendations are internalized by Brazil, especially with regard to international criminal-legal cooperation in the process of combating and preventing money laundering. In this regard, it analyzes money laundering as an economic crime and the expression of transnationality that it gains in contemporary times, reflecting the phenomenon of globalization, which is responsible for breaking territorial barriers, facilitating the circulation of illicit values in the world economy. To this end, international legal cooperation is studied in its basic aspects: on which it is based, its mechanisms and its importance in the pursuit of transnational crimes, specifically the crime of money laundering. Therefore, it investigates, as well, the FATF as an agency, detailing the content of its recommendations on money laundering crime, and how Brazil, a member of the organ since 2000, applies them. Finally, this paper seeks to contribute to the understanding of how Brazil bases its anti-money laundering legal culture in the guidelines of the referred agency and whether the country is active in the practice of international legal cooperation. It is therefore a theoretical research, with a technical-legal approach, since it is based in the systematic analysis of national and international legislation, involving the crime of money laundering. The research was developed from a bibliographic and documentary analysis, seeking to give visibility to a concrete problem, using the indirect documentation technique, based mainly on both national and foreign doctrine, specialized scientific journals, national legislation and international treaties.