A Problemática do Branqueamento de Capitais e a sua Repercussão no Sistema Jurídico

Abstract

The terminology used in various languages is variable, although essential, focusing on the metaphors whitening, recycling or laundering of money or capitals. The characterization, in empirical-criminological terms of the laundering of capitals is, in our understanding, indispensable because it deals with a new complex and unclear reality, even in linguistic terms. The expression money-laundering, although suggestive is an imprecise metaphor that does not explain with any level of precision, what is the reality that the legislator pertains to fight against. Despite the existence of the common rules of international law, there are substantial differences from one country to another in the definition of this type of crime. In some countries, there have been legislative interventions, without considering the concluded legislative process. The present article deals with the state of the art of this matter.