Limites penais da intervenção profissional e cumplicidade punível do advogado de consultoria jurídica no delito de lavagem de capital praticado pelo cliente

Resumo

This work is the result of trepidation on the criminal boundaries of professional intervention and punishable complicity of legal advisors in the crime of money laundering committed by clients. It was inspelled by a specific case that provided a reference for empirical testing of the theories and dogmatic criteria developed in the course of this Master’s thesis. In addition to the importance given to the analysis of exclusive activities entrusted to and performed by the legal profession in the present regulatory framework— a scenario in which the first critical conclusion relates to the conception of exclusive legal practice provided by the Brazilian Bar Association – the objective of this Master’s dissertation is to address the research topic, as to the boundaries of lawyers providing strict legal advice services and their material collaboration with money laundering practiced by the clients who hire them. In order to ensure consistency with the conclusion of this dissertation, whether Law No. 8,906/1994 (Brazilian Bar Association Bylaws), the Code of Ethics and Discipline for Lawyers, and other currently existing Bar Association provisions supply lawyers with a reference for the drawback between exclusive and non-exclusive activities, the latter being subject to the control mechanisms of Law No. 9,613/98, will be investigated and further answered. With this first conclusion in mind, the thesis will move forward to another research question: under what theoretical and dogmatic assumptions can we establish guidelines for the lesser or greater punishability of the professional collaboration of legal consultants concerning money laundering? In order to choose the theoretical-dogmatic model that best distinguishes the punishable contribution of the lawyer from his or her professional action, which is exempt from punishment, the present dissertation with scrutinize different theories, criteria, and their allocations, enabling the gauge of the effectiveness of the theoretical model chosen to mark out the professional activity of lawyers, especially in cases where the professional contribution, even if strictly technical and private, develops as a mean for the success of money laundering attempted by its client. The unravelled debate aims to shed light on the advantages and disadvantages of the chosen dogmatic criteria, which, when empirically replicated, will tighten the boundaries regarding the liability of the lawyer's professional intervention in the crime set in motion by their client, thereby allowing a position on the research responses that dialogue with the specific case and its variants, selected as groundwork for the present thesis, and thus an inflection of the greater or lesser suitability of the lawyer’s punishment.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/38100

Temas

Administração Pública

Palavras-chave

AdvocaciaConsultoria jurídica estritaLavagem de capitaisRegulamentação profissional da Ordem dos Advogados do BrasilCumplicidadeFuncionalismoImputação objetivaCondutas neutrasDireitoBrasil. [Estatuto da Advocacia e Ordem dos Advogados do Brasil (1994)]Lavagem de dinheiro - Legislação