Do crime de evasão de divisas: Apontamentos sob a perspectiva do funcionalismo-teleológico e da teoria pessoal de bem jurídico / The currency evasion crime notes from the perspective of the functionalist- teleogical theory and the personal theory...

Abstract

At the time of the creation of the Law on Crimes Against the National Financial System, more than thirty years ago, the legal and economic scenario and the country's exchange rate policy were absolutely different from the current one. In this context, the object of this work is to examine the constitutional conformity of the incriminating type of conduct of foreign exchange evasion, provided for in art. 22 of Law 7.492/1986. In the light of Roxin's functionalist-teleological theory and Hassemer's personal conception of legal interest, it is intended to investigate whether the interests protected by the aforementioned criminal norm should be considered legal interests subject to criminal protection, according to the criminal policy options deduced from the Constitution.