A abordagem baseada no risco e combate à lavagem de dinheiro: como o compliance pode auxiliar no combate à coculpabilidade às avessas?
Keywords:
White collar. Reverse co-culpability. Money laundry. Prevention. Securities and Exchange Commission. Compliance. Risk-based approach.Abstract
The objective of this article, through a review of specialized literature, is to understand the role of compliance programs in the fight against money laundering, in the light of Law No. 9.613/1998 and Instruction 617 of the Securities and Exchange Commission. As the aforementioned instruction highlighted the role of the Risk-Based Approach (RBA), it is argued that the integrity programs of financial institutions have a relevant role, through the RBA, in detecting potential activities that constitute money laundering, cooperating with accountability of those involved. Thus, the traditional state deficiencies in investigating white-collar crimes could be, at least in theory, mitigated, in order to combat the mechanisms of coculpability that influence selectivity in reverse.
