Post by firoj1919 on Feb 22, 2024 7:14:20 GMT -5
This article is an unpretentious attempt to clarify a controversy that, despite already being more or less pacified in specialized doctrine, occasionally comes back to haunt some investigations and criminal actions. To reduce the risk of spending more time than necessary for occasional or accidental readers who are not interested in the topic, in the next paragraph we will take the risk of sounding much more assertive than intellectual responsibility usually advises. The "Tax Crimes" of Law 8,137 of 1990, as well as the "Tender Crimes", which until recently resided in the Bidding Law (8,666/93), but are now living in the sad and dark Penal Code, in the neighborhood of Crimes Against Public Administration, in the section of Crimes Committed by Private Parties Against the Administration In General, they do not serve as predicate crimes for the crime of money laundering! We have no taste for stating truths in an oracular tone.
In fact we were convinced by Tarski [1] that we are anti-realists (it is possible that he was trying to convince us otherwise, as we admit that the only thing that we certainly understand correctly from those very difficult books is that we are much less intelligent than Russian-Polish mathematicians, logicians, philosophers). However, the company of almost all the scholars we know of, who Oman Mobile Number List alongside us have been studying the topic since before the current drafting of the criminal type (more than a decade), gives us some comfort in this statement. After all, they are probably also much more intelligent than the author you write about! When it comes to Economic Criminal Law, much remains unclear for everyone who operates or studies Criminal Law in Brazil.
It seems to us that a large portion of the confusion is due to the fact that the relevant legislation is not part of a single code, ordered in a coherent manner, as is the case with our favorite Livrinho de Maldades (Penal Code), which since 1940, in a reasonably organized, applies a mountain of medieval penalties to Brazilians, if they dare to practice certain behaviors that, often, should not even be criminalized! The rules that support the chaotic multiverse of Economic Criminal Law are almost all spread out in a tangle of scattered laws, such as Law 7,492/86 (Financial Crimes), 8,078/90 (Consumer Defense Code), 8,137/90 ( Tax Crimes), 9,613/98 (Money Laundering), Law 8666/93 and a host of other legal institutes. Most of these laws were created at different times, for very different reasons, according to the convenience of often opposing historical, social and economic scenarios. And approved, also, by politicians whose only similarities were not understanding much about law and a taste for dyeing their hair brown.
In fact we were convinced by Tarski [1] that we are anti-realists (it is possible that he was trying to convince us otherwise, as we admit that the only thing that we certainly understand correctly from those very difficult books is that we are much less intelligent than Russian-Polish mathematicians, logicians, philosophers). However, the company of almost all the scholars we know of, who Oman Mobile Number List alongside us have been studying the topic since before the current drafting of the criminal type (more than a decade), gives us some comfort in this statement. After all, they are probably also much more intelligent than the author you write about! When it comes to Economic Criminal Law, much remains unclear for everyone who operates or studies Criminal Law in Brazil.
It seems to us that a large portion of the confusion is due to the fact that the relevant legislation is not part of a single code, ordered in a coherent manner, as is the case with our favorite Livrinho de Maldades (Penal Code), which since 1940, in a reasonably organized, applies a mountain of medieval penalties to Brazilians, if they dare to practice certain behaviors that, often, should not even be criminalized! The rules that support the chaotic multiverse of Economic Criminal Law are almost all spread out in a tangle of scattered laws, such as Law 7,492/86 (Financial Crimes), 8,078/90 (Consumer Defense Code), 8,137/90 ( Tax Crimes), 9,613/98 (Money Laundering), Law 8666/93 and a host of other legal institutes. Most of these laws were created at different times, for very different reasons, according to the convenience of often opposing historical, social and economic scenarios. And approved, also, by politicians whose only similarities were not understanding much about law and a taste for dyeing their hair brown.