Ações neutras: um desafio para o estado democrático de direito nos crimes de lavagem de dinheiro

Abstract

Money laundering is considered a complex challenge for the rule of law around the world, and in Brazil, legislation seeks to contain this practice that is harmful to the financial system and the economic order. The research problem is the dynamics of money laundering, which is influenced by technological developments, including the use of cryptocurrencies. This work aims to analyze money laundering, addressing conceptual and dogmatic issues, substantiating the lack of a specific dogmatic criminal approach to money laundering and the challenges related to authorship, participation and self-laundering, are central aspects of the discussion. It also explores how Criminal Law theories can approach the so-called “neutral actions”, which are used as a means for criminal practice. The methodological approach used is bibliographic and documentary research, weaving comparative analysis with foreign legal systems, such as German law, as well as the legislative systems of Spain, Argentina, Bolivia, Italy and the United States, how the norm is conducted, to understand how they deal with neutral actions in money laundering, so a parallel is made with Brazilian national standards. Furthermore, the role of lawyers in this context is examined, including their possible participation in criminal actions, obtaining fees from illicit activities and the duties of reporting suspicious transactions. The presentation of exemplary cases helps to understand the complex relationship between advocacy and neutral actions. This study seeks to shed light on the challenges and gaps in the approach to money laundering in the context of the Rule of Law, considering legal and conceptual aspects. With an interdisciplinary analysis, contributing to a deeper understanding of the complexities surrounding these globally relevant issues.