COMMENTS ON THE MONEY LAUNDERING OFFENSE

Abstract

This study examines the crime of money laundering, with emphasis on its legal definition, typical structure, stages of execution, and the legal interest protected by Law n. 9,613/1998. It addresses a topic of high complexity and practical relevance, especially considering the role this offense plays in the context of economic macro-criminality and organized crime. Based on a doctrinal and jurisprudential review, the article aims to clarify the autonomy of money laundering in relation to the predicate offense, overcoming the traditional material linkage between them. Furthermore, it analyzes the legal controversy surrounding the punishability of self-laundering, considering the legal grounds, the divergent views in legal scholarship and in the higher courts' case law, as well as the implications of this debate for criminal prosecution. The study ultimately seeks to provide theoretical and practical contributions that support the proper application of the criminal offense by legal professionals, particularly with regard to the delimitation of its scope of application and the constitutional conformity of prevailing interpretations. It aims, therefore, to encourage critical reflection on the subject and contribute to the improvement of the legal framework for the prevention and repression of money laundering in the Brazilian legal system.