Aspectos dogmáticos e criminológicos do delito de lavagem de dinheiro: problemáticas acerca da ausência de fixação de uma moldura penal na Lei 12.683/2012

Abstract

In the need of the state intervention to regulate new market interactions and ensure financial balance, economic criminal law emerges, whose primary objective is to punish intolerable conduct, which took advantage of the financial system, by using lucrative artifices, that harmed the community. The methodological cut presented deals with the study of money laundering, whose introduction into the brazilian legal system took place in 1998, which aimed to punish crimes that involved the concealment of illicit assets and their convertion it into a legitimate source, that infringed the economic order. From successive legislative changes, arising from the need to adequately protect the legal interest, Law 12.683/2012 adopted a wide concept, by abandoning a list, previously exhaustive, of crimes to which money laundering could be associated, considering any crime as suitable to be prior to money laundering. In view of this panorama, objecting to provoke critical analyzes on the legislative changes of this criminal type, the present study presents itself, seeking to delve into the criminological and dogmatic aspects of the money laundering law.