THE AUTONOMOUS CRIMINALIZATION OF SELF-LAUNDERING OF CAPITAL FROM THE PERSPECTIVE OF LEGALITY AND PROPORTIONALITY OF STATE CRIMINAL INTERVENTION

Abstract

This Article addresses doctrinal and jurisprudential aspects relating to the possibility of autonomous criminalization of self-laundering of money in light of contemporary criminal legal systems. Taking as a starting point the debate of antagonistic ideas on the subject, the aim is to demonstrate the legitimacy of punishing the perpetrator of the previous crime for committing the subsequent crime of money laundering. Having overcome this controversy, it is intended to suggest to the national legislator the express classification of this specific type of crime in Brazilian legislation, adopting as a model the legal provision existing in the Italian Penal Code.