Revista da EMERJ - V. 23 - N. 2 - Abril/Junho - 2021
173 R. EMERJ, Rio de Janeiro, v. 23, n. 2, p. 172-186, Abr.-Jun. 2021 to das corporações privadas. Posteriormente, interligando-se os dois institutos, investigou-se a forma com que os programas de compliance implementados pelas empresas privadas podem au- xiliar no controle e combate ao crime de lavagem de dinheiro. E, em conclusão, incentiva-se o debate sobre os temas inovadores, deixando aberta a possibilidade de posteriores considerações so- bre os temas ora analisados. PALAVRAS-CHAVE : Lavagem de Dinheiro, Compliance , Direito Comparado, Controle Interno, Direito Penal. ABSTRACT This article briefly discusses the crime of money launde- ring and the importance of the compliance institute for the pre- vention and repression of the crime in question. To this end, a brief historical introduction to the crime of money laundering was carried out, mentioning the way in which the first legislation dealt with the subject, as well as the evolution of the criminal practices of the aforementioned crime. It also analyzes the way in which Brazilian law dealt with the crime, since the first provision in domestic law, as well as the successive subsequent legislative revisions, which culminated in the current criminal law and in the specific form of provision for criminally relevant conduct. Then, we analyze the internal control institute to be adopted by private entities through the compliance institute, making consi- derations about the way external law deals with the subject and the related figures created from such legal innovations. In a diffe- rent topic, an attempt was made to discuss the specific analysis of the internal legislative provision regarding the institute and what is the form of implementation to try to encourage the cre- ation of internal control programs within the scope of private corporations. Subsequently, interconnecting the two institutes, we investigated the way in which compliance programs imple- mented by private companies can assist in controlling and com- bating the crime of money laundering. In conclusion, the debate on innovative themes is encouraged, leaving open the possibility of further considerations on the themes analyzed here.
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