Post by account_disabled on Mar 5, 2024 23:16:27 GMT -6
The profound change in the “Money Laundering Law” (Law ,/), recently promoted by Law ,/, invites reflection on the advances and setbacks in combating the activity of hiding and disguising assets of illicit origin. I must warn that my criticism is not impartial and cannot be separated from the fact that I participated in the commission that, between and , prepared the draft that today, with few modifications, resulted in the changes already in force. I therefore have a certain responsibility for the successes and mistakes made, which time and experience allow me to see more clearly.
In , when the idea of changing Law ,/ emerged, after five years of validity, the scenario for combating money laundering in Brazil was still discouraging, despite recognized previous efforts to create the money laundering law and structure the Council of Financial Activities Control (Coaf). There were practically no investigations, complaints and sentences for the conduct of hiding and disguising assets arising from criminal activities, especially those listed as antecedents by the law then in force, including illicit drug trafficking, corruption, smuggling and weapons trafficking, among others. The contrast with reality was evident.
The then Minister of Justice, Márcio Thomaz Bastos, was responsible for the initiative, in , to include the fight against money laundering as a strategic priority of public security policy and the fight against organized crime. It was BTC Number Data known that, in order to asphyxiate criminal organizations, it would be necessary to have the means to confiscate their assets, the “goodwill” of criminal activity, which would not be possible without effective dissuasion and repression of people and groups who, for example, engage in concealment and dissimulation, to give a hiding place or appearance of legality to this heritage of illicit origin. The Ministry of Justice, with the participation of several federal and state bodies and institutions, prepared the National Strategy to Combat Money Laundering (Encla). Changing the Laundering Law was just one of several goals established by Encla to change the framework for combating money laundering.
Today, more than years after the Laundering Law came into force and almost nine years after the first edition of Encla, the picture of combating money laundering in Brazil is visibly different. One can complain about excesses by the authorities in charge of investigation and criminal prosecution, never about a lack of actions.
These advances occurred independently of the change in the money laundering law, largely thanks to the unprecedented administrative collaboration between various public bodies, within the scope of Encla, and other initiatives such as the creation of specialized courts, the participation of the Federal and State Public Prosecutor's Office, investment in the Federal Police and the creation of the Department of Asset Recovery and International Legal Cooperation (DRCI) within the scope of the National Secretariat of Justice. Finally, any progress cannot fail to be credited to the discreet and effective work of the Financial Activities Control Council (Coaf), the central body of the operational system to combat money laundering.
In , when the idea of changing Law ,/ emerged, after five years of validity, the scenario for combating money laundering in Brazil was still discouraging, despite recognized previous efforts to create the money laundering law and structure the Council of Financial Activities Control (Coaf). There were practically no investigations, complaints and sentences for the conduct of hiding and disguising assets arising from criminal activities, especially those listed as antecedents by the law then in force, including illicit drug trafficking, corruption, smuggling and weapons trafficking, among others. The contrast with reality was evident.
The then Minister of Justice, Márcio Thomaz Bastos, was responsible for the initiative, in , to include the fight against money laundering as a strategic priority of public security policy and the fight against organized crime. It was BTC Number Data known that, in order to asphyxiate criminal organizations, it would be necessary to have the means to confiscate their assets, the “goodwill” of criminal activity, which would not be possible without effective dissuasion and repression of people and groups who, for example, engage in concealment and dissimulation, to give a hiding place or appearance of legality to this heritage of illicit origin. The Ministry of Justice, with the participation of several federal and state bodies and institutions, prepared the National Strategy to Combat Money Laundering (Encla). Changing the Laundering Law was just one of several goals established by Encla to change the framework for combating money laundering.
Today, more than years after the Laundering Law came into force and almost nine years after the first edition of Encla, the picture of combating money laundering in Brazil is visibly different. One can complain about excesses by the authorities in charge of investigation and criminal prosecution, never about a lack of actions.
These advances occurred independently of the change in the money laundering law, largely thanks to the unprecedented administrative collaboration between various public bodies, within the scope of Encla, and other initiatives such as the creation of specialized courts, the participation of the Federal and State Public Prosecutor's Office, investment in the Federal Police and the creation of the Department of Asset Recovery and International Legal Cooperation (DRCI) within the scope of the National Secretariat of Justice. Finally, any progress cannot fail to be credited to the discreet and effective work of the Financial Activities Control Council (Coaf), the central body of the operational system to combat money laundering.