Ordem econômica constitucional e lavagem de dinheiro: bem jurídico tutelado e interferência na economia
The dissertation addresses, firstly, the historical evolution of constitutionalism, understanding the classic movements up to contemporaneity. By means of an essentially bibliographical research and endowing itself with the qualitative and logical-deductive method of approach, it then situates th...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/27446 |
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| Resumo: | The dissertation addresses, firstly, the historical evolution of constitutionalism,
understanding the classic movements up to contemporaneity. By means of an
essentially bibliographical research and endowing itself with the qualitative and
logical-deductive method of approach, it then situates the Brazilian
Constitutional Economic Order, contained in a proper topic in the Federal
Constitution of the Federative Republic of Brazil, and later makes a dialogue of
the sources between Constitutional Law and Criminal Law. There is still an
overview of the Criminal Dogmatics, specifying with regard to economic criminal
dogmatism and the criminal phenomenon of macro-delinquency. From this
point, the legal asset in economic crimes is analyzed, from a constitutionalpenal perspective, reaching the center of the work where the crime of money
laundering is examined, precisely in regard to the doctrinal aspects about the
legal protection, until the objective delimitation of what is object of criminal
protection of this criminal species. It is also studied the interference of money
laundering in the competitive market, addressing concepts of economic market
and the constitutional principles of free initiative and free competition as guiding
the constitutional economic order. Finally are exposed national and international
objectives of cooperation, persecution and punishment of money laundering
criminals, as well as instruments to combat this macroeconomic crime. |
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