O crime de lavagem de ativos no contexto do Direito Penal Econômico contemporâneo: criminal compliance e o delineamento da responsabilidade penal no âmbito empresarial

Abstract

The research analyzes the effects of the phenomena of corporate governance, self-regulation and compliance programs on the design of accountability for money laundering crimes committed in the business sphere and, more specifically, through the services provided by financial institutions. The study evaluates the use of the regular financial market for the concealment of assets, rights and values derived from the practice of criminal infractions, as well as the repercussion of this fact in the development of the economic power of the organized macrodelinquency. Based on normative collaborative duties established for delinquent prevention and repression, the scientific research addresses the main points of debate about the configuration of individual criminal responsibility in the corporate context and proposes criteria for solving issues relating to the configuration of the psychic element, the relevance of personal contribution in the case of multiple criminal agents and, finally, the characterization of money laundering crime.