Legislação brasileira sobre Criptolavagem: uma análise a partir do Direito internacional

Abstract

The present work was developed with the central objective of answering the following question: whether the new legislation on money laundering operated with cryptoactives is adequate to the recommendations of the FATF, an intergovernmental organization and the main authority for regulating, monitoring and promoting anti-money laundering policies in the international arena. To this end, the present study is structured into three chapters, in addition to the introduction and conclusion. Initially, some relevant concepts related to virtual asset technology are described, including virtual asset service providers, explaining how the use of this new technology is processed, which involves cryptography, mathematical calculations, computers and software. sophisticated methods for committing the crime of money laundering with cryptoactives. Encerrando-se o primeiro capítulo com uma breve abordagem do crime de lavagem de dinheiro com o uso de criptoativos. The second chapter aims to provide an overview of international legislation on money laundering, with a view to clarifying that in these regulations there is no provision in relation to crypto-assets, and then addressing the international regulatory perspective of laundering with crypto-assets, in a non-exhaustive way, in countries with permissive scenarios. Given the contemporary nature of the proposals under discussion, projects from the United States of America, Japan, the European Union and the FATF will also be subject to consideration. The four scenarios were selected because they present different specificities and because they are considered the greatest current economic powers. At the end, a mapping of previous draft laws and legislation will be presented until reaching the promulgation of Law no. 14,478/2022, bringing some considerations about the new Law – which regulates the cryptoactive market in Brazil, as well as the innovations brought, to try to answer the question of the present work, adding conclusions.