Lavagem de dinheiro, ofensividade e transparência : sobre a autonomia e os limites do ilícito-típico de lavagem

Abstract

This thesis reflects on the limits of the ilícito-típico (wrongdoing and legally defined conduct) of money laundering, starting from the premise that not just any concealment/disguise will constitute the crime, even if at first glance it is in harmony with the literal nature of the legal type. This thesis expands on the studies carried out for the master's research and proposes that only conduct that affects transparency, which is essential for the existence of a minimally free market and for the regular exercise of free enterprise and free competition, will fall within the scope of the ilícito-típico of money laundering. Based on the dialogue between the Legal Good Theory, the harm principle, and the economic sciences, the thesis proposes that it will only be possible to talk about money laundering if there is an offense against transparency since this is the element (that is to say: the value, the axiom, the legal good) that is fundamental for economic interactions to be reciprocally favorable, which, once offended, rescues the autonomy that legitimizes the criminalization of money laundering.