Novos dilemas da jurisdição penal na persecução do crime de lavagem de dinheiro : o auxílio direto na cooperação jurídica internacional e a relativização da cláusula da reserva de jurisdição

Abstract

The criminal jurisdiction is one of the main instruments of the democratic rule of law, essential for preservation of the rights and guarantees of citizens. However, before the phenomenon of globalization, it is undeniable the relativization of the clause of reservation of jurisdiction. This is because the Criminal Law also suffered strong influences of the phenomenon of globalization, notably the expansion of criminal organizations outside the national boundaries of the States, especially the crime of money laundering, having in mind that the main objective of this organized crime. Thus, such phenomena - globalization and transnational crime - led to an increased use of persecutory mechanisms of international legal cooperation in criminal matters. In this scenario, it is imperative the recognition of the respect for public order clause, the skill and due process, especially regarding the reservation of jurisdiction clause in international cooperation which has within it a probationary substrate, such as limits to the process cooperacional. Finally, incumbent emphasize that this research is linked to the area of concentration on violence and criminal system and the research line is Legal-Criminal Contemporary Systems.