Lavagem de dinheiro com criptomoedas: a regulação como instrumento de combate à lavagem de dinheiro virtual

Abstract

The present work aims to analyze how the regulation of cryptocurrencies can serve as an aid to Brazil in the fight against the crime of Money Laundering, given the fact that this institution serves as an instrument in the conduct of the aforementioned crime. Thus, it seeks to present brief consideration sums of the crime of money laundering, typified in the Brazilian legal order through Law No. 9,613/98, in order to address each of the phases in which the crime is carried out, as well as the techniques by which the phases can occur, in order to identify at what time money laundering began to enter a virtual environment. Having said that, I seek to analyze the characteristics of cryptocurrencies as instruments for the realization of the virtual money laundering offense, inserting them in the context of each phase of laundering. Finally, it sought to present an overview of the problem that involves the legal and commercial conceptualization of cryptocurrencies and how this makes it difficult to apply anti-money laundering measures, to present the June 2019 Report of the Financial Ask Task Force (FAFT), addressing legislative regulation as a possible solution to the problem.