Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Miron, Rafael Brum
 |
| Orientador(a): |
Cordeiro, Nefi
|
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Católica de Brasília
|
| Programa de Pós-Graduação: |
Programa Strictu Sensu em Direito
|
| Departamento: |
Escola de Humanidade e Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
|
| Área do conhecimento CNPq: |
|
| Resumo em Inglês: |
The present work focuses on the participation of notaries and public registrars in the national policies of prevention and combat against money laundering. The objective is to demonstrate the importance of integrating theses actors as subjects forced to collaborate with the brazilian system that combats this sort of illicit acts. In order to achieve this goal it is necessary to perform a previous examination of the global system of combat of money laundering, specially its fundamentals characteristics and Brazil’s insertion in this system. Next, the activities in question must be legally characterized according to Brazilian legal system and to the national regulation of these individuals participation in the prevention and fight of money laundering. In this context, the international norms that advocate the active participation of these individuals as subjects forced to collaborate with the antimoney laundering system are also portrayed. Later, cases in which these professionals are used to facilitate the laundering of illicit assets are analyzed with the objective of identifying vulnerabilities and threats in their participation. Subsequently, within the regulation of these activities, rules similar to those proposed by international organizations as compliance rules and widely used by the forced individuals under anti-money laundering legislation are identified. Finally, suggestions to the regulation of the subject in the national legal order are presented. Initially, these suggestions originate from the analysis of existing mechanisms in Spain which are recognized internationally in manuals of good practices by specialized agencies in the fight against money laundering. Later, other mechanisms compatible with the national system of action of these professionals are proposed. In general, it is proven that the participation of notaries and registrars in the Brazilian anti-money laundering system is important and relatively easy to operate, from a normative point of view. |
| Link de acesso: |
https://bdtd.ucb.br:8443/jspui/handle/tede/2335
|
Resumo: |
The present work focuses on the participation of notaries and public registrars in the national policies of prevention and combat against money laundering. The objective is to demonstrate the importance of integrating theses actors as subjects forced to collaborate with the brazilian system that combats this sort of illicit acts. In order to achieve this goal it is necessary to perform a previous examination of the global system of combat of money laundering, specially its fundamentals characteristics and Brazil’s insertion in this system. Next, the activities in question must be legally characterized according to Brazilian legal system and to the national regulation of these individuals participation in the prevention and fight of money laundering. In this context, the international norms that advocate the active participation of these individuals as subjects forced to collaborate with the antimoney laundering system are also portrayed. Later, cases in which these professionals are used to facilitate the laundering of illicit assets are analyzed with the objective of identifying vulnerabilities and threats in their participation. Subsequently, within the regulation of these activities, rules similar to those proposed by international organizations as compliance rules and widely used by the forced individuals under anti-money laundering legislation are identified. Finally, suggestions to the regulation of the subject in the national legal order are presented. Initially, these suggestions originate from the analysis of existing mechanisms in Spain which are recognized internationally in manuals of good practices by specialized agencies in the fight against money laundering. Later, other mechanisms compatible with the national system of action of these professionals are proposed. In general, it is proven that the participation of notaries and registrars in the Brazilian anti-money laundering system is important and relatively easy to operate, from a normative point of view. |
