A lavagem de dinheiro na corrupção política brasileira: um combate necessário para a concretização de direitos fundamentais sociais

Abstract

The purpose of this monograph is to analyze how corruption and money laundering are linked to the ineffectiveness of the fundamental social rights enshrined in the “caput” of article 6º of the Constitution of the Federative Republic of Brazil of 1988. To this end, this theoretical research focused on the investigation of a concrete problem that affects Brazilian society today, namely: money laundering in function of the systematized corruption in national public institutions. This is because this work intended to defend a legal argument to be applied to the fight against money laundering through reasoning based on the case study known as Petrolão, in the area of Operation Lava Jato, used in this research illustratively, given its relevance on the national scene, to constitute a general conclusion about money laundering and its consequences on fundamental social rights. Initially, the research was based on the analysis of bibliographic sources, focusing on theses, dissertations, monographs, as well as scientific articles on the subject of economic crimes and money laundering. In addition, by using a concrete case as an illustrative source of the theme, a documentary research was also made on documents from the Federal Public Prosecution Service. The following results were obtained: a) the understanding about how money laundering occurs in the scenario of corruption existing in the Brazilian Public Authorities; b) the analysis of how flaws in Brazilian material and criminal procedural legislation make it difficult to combat money laundering; and c) the demonstration of the link between corruption, money laundering and the ineffectiveness of fundamental social rights expressed in article 6 of the Federal Constitution of 1988. From this, it was concluded that money laundering is a crime necessary to ensure the execution and perpetuity of the corrupt schemes that plague Brazil. Thefore, fight against her is also a way to fight against the systemic corruption for the effective realization of the social rights.