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Duty to inform and the gatekeepers' criminal liability

Grant number: 14/21357-7
Support type:Scholarships abroad - Research Internship - Doctorate
Effective date (Start): January 08, 2015
Effective date (End): January 01, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Pierpaolo Cruz Bottini
Grantee:Ana Carolina Carlos de Oliveira
Supervisor abroad: Ricardo Robles Planas
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Research place: Universitat Pompeu Fabra (UPF), Spain  
Associated to the scholarship:13/25253-9 - Duty to cooperate and noncompliance theory: legal basis and limitations of criminal liability for gatekeepers in money laundering, BP.DR

Abstract

The research outlined here has the goal of investigating the boundaries and the foundations of the duty to report and collaborate of persons and entities under special obligations who are liable in accordance to Brazil's Anti-Money Laundering Act and the possibilities of criminal liability through omission. The main point is the question of whether persons and entities under special obligations occupy a position of responsibility regarding money laundering (and if so, under which configurations and conditions) when they fail to collaborate with money laundering prevention programs. (AU)

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