A IMPORTÂNCIA DO COMPLIANCE PARA PREVENÇÃO AO CRIME DE LAVAGEM DE BENS, DIREITOS E VALORES

Abstract

This article briefly discusses the crime of money laundering and the importance of the compliance institute for the prevention and repression of the crime in question. To this end, a brief historical introduction to the crime of money laundering was carried out, mentioning the way in which the first legislation dealt with the subject, as well as the evolution of the criminal practices of the aforementioned crime. It also analyzes the way in which Brazilian law dealt with the crime, since the first provision in domestic law, as well as the successive subsequent legislative revisions, which culminated in the current criminal law and in the specific form of provision for criminally relevant conduct. Then, we analyze the internal control institute to be adopted by private entities through the compliance institute, making considerations about the way external law deals with the subject and the related figures created from such legal innovations. In a different topic, an attempt was made to discuss the specific analysis of the internal legislative provision regarding the institute and what is the form of implementation to try to encourage the creation of internal control programs within the scope of private corporations. Subsequently, interconnecting the two institutes, we investigated the way in which compliance programs implemented by private companies can assist in controlling and combating the crime of money laundering. In conclusion, the debate on innovative themes is encouraged, leaving open the possibility of further considerations on the themes analyzed here.