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The Cry of State Aid in the Fight against Organized Crime




Currently, in Brazil, the main ongoing investigation against organized crime is Operation Lava Jato, which seeks to point out those responsible for the money laundering of state-owned enterprises and politicians involved in tip-off schemes.

Without a doubt, given the world crisis experienced by contemporary states, crimes committed against public patrimony are seen as more serious conduct, compared to crimes committed against private companies. This is because they directly interfere with the State’s ability to implement public policy projects.

Society, in general, is taken by the feeling of indignation, because in addition to losing belief in institutions, it can not visualize a way to combat this criminal practice. Faced with this, the State, with all its apparatus, is limited to face the root of the problem of organized crime.

In this way, inspired by the international strategy adopted by many countries, and because it understands that this delinquent behavior has a transnational characteristic, it was for the state organs, in view of their incapacity, to request the collaboration of private companies, specifically those linked to the most sensitive sectors of the economy.

This is undoubtedly key to achieving this goal, because changing legislation, creating new types of crime or maximizing the punishment of existing crimes is not the way to combat organized crime.

In this sense, the main international treaties on combating money laundering and organized crime address this issue of private collaboration, such as the Palermo Convention (Article 7) and Merida (Article 14), both incorporated in the legal order of the country by Decrees 5015/04 and 5687/06, respectively.

And how can private institutions collaborate?

And how can private institutions collaborate?

Among the private sectors that are most sensitive to delinquent practice, Brazilian legislation determines some rules of collaboration such as identifying clients and keeping records and reporting suspicious transactions. 10 and 11 of Law 9,613 / 98.

Therefore, it is inevitable to point out that legislative impositions will have a great impact on the administrative functioning of private obligated institutions, especially those that have the character of professional secrecy, as are the cases of accountants and lawyers, subjects already addressed in previous texts.

The fight against money laundering and organized crime is therefore a major challenge, and cooperation between all state agencies and the private sector is needed in order to constantly improve the mechanisms for preventing and repressing criminal practices.