Duty to inform and the gatekeepers' criminal liability

• Grant number: 14/21357-7
• Support Opportunities: Scholarships abroad - Research Internship - Doctorate
• Start date: January 08, 2015
• End date: January 01, 2016
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Pierpaolo Cruz Bottini
• Grantee: Ana Carolina Carlos de Oliveira
• Supervisor: Ricardo Robles Planas
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Institution abroad: Universitat Pompeu Fabra (UPF), Spain
• Associated to the scholarship: 13/25253-9 - Duty to cooperate and noncompliance theory: legal basis and limitations of criminal liability for gatekeepers in money laundering, BP.DR

Abstract

The research outlined here has the goal of investigating the boundaries and the foundations of the duty to report and collaborate of persons and entities under special obligations who are liable in accordance to Brazil's Anti-Money Laundering Act and the possibilities of criminal liability through omission. The main point is the question of whether persons and entities under special obligations occupy a position of responsibility regarding money laundering (and if so, under which configurations and conditions) when they fail to collaborate with money laundering prevention programs. (AU)