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International legal cooperation in preventing of money laundering and access to bank informations

Grant number: 16/19458-5
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): December 01, 2016
Effective date (End): November 30, 2017
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Eduardo Saad Diniz
Grantee:Giulia Ramos
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The process of globalization has stimulated new criminal manifestations and new mechanisms to control and prevent crime, especially transnational level. In view of the failure of traditional criminal instruments on transnational crime- Broad impact on the national scene, such as the laundering of money – cooperation international law has taken priority in criminal policy strategies. The actions cooperatives, however, have several difficulties such as bank secrecy, which demand research needs. Taken these assumptions, the research aims: (1)analyze banking secrecy and its impact on international cooperation on laundering capital; (2) comprises constitutional limits to be protected, to allow compatibility of cooperative action to prevent this crime in the planning national legal. Therefore, the method used is the deductive, worrying initially with the overall observation on international cooperation in the prevention of money laundering in a globalized economy, carrying out a posteriori a legal investigation understanding from international agreements, national legislation on the subject and interpretation relevant doctrinal, decomposing the problem of access to information bank - specifically secrecy - in its various aspects, relationships and levels (AU)