Lavagem de capitais via criptoativos: aspectos relevantes à regulamentação

Abstract

The present dissertation has the general objectives of briefly researching aspects historical and conceptual aspects of the crime of money laundering and cryptoassets, in special, the cryptocurrency bitcoin, as well as exploring the regulatory apparatus of both legal figures and demonstrate, through the presentation of real police cases, the criminal money laundering activity via cryptocurrencies as a reality in rise of organized criminal activity. As a specific objective, it aims to achieve a brief legal analysis of the new Law nº 14,478/2022 and highlight any omissions normative in addition to pointing out the most latent gaps to be repaired by the Power Judiciary and/or Brazilian legislator, aiming to propose the following reflection: the new Is legal text enough to combat money laundering via cryptocurrencies? As a result, there is a need to fill any regulatory gaps due to means of global governance, integrated and integrative actions, in addition to actions disruptive, which can echo beyond national borders in order to adapt them to the Constitutional Text, in particular, to the principle of proportionality in its bias prohibition of deficient protection as a guide for state action, in favor of guarantee of fundamental rights in order to provide greater legal security to legal operators in criminal prosecution. The proposed study refers to research basic, which has as its operational logic base the deductive method and the qualitative. In this sense, the research starts from the general analysis of the crime of money laundering. Money and cryptoactives to specifically verify the applicability and constitutional conformation of the new Law nº 14,478/2022.