CRIPTOLAVAGEM: UMA NOVA MODALIDADE DO CRIME DE LAVAGEM DE DINHEIRO DIANTE DA ERA DIGITAL

Abstract

This article aims to analyze the phenomenon of crypto laundering, understood as a new form of money laundering in Brazil driven by the use of cryptocurrencies, identifying the challenges, legislative gaps, and the actions of Brazilian regulatory agencies, and finally proposing possible solutions to improve the fight against it. Given this context, the research will first address the central idea behind money laundering, its phases, and efforts to combat it in Brazil. Next, it will analyze the emergence of crypto assets in the context of the information society and their growing use in illicit practices aimed at laundering, their main characteristics, modus operandi, and notorious cases in our country. In the second part, the study will focus on demonstrating the main difficulties in combating the use of crypto assets both nationally and internationally. Based on this, we seek to highlight Brazilian policies for the prevention and repression of this crime, with an emphasis on legislative developments and the Legal Framework for Crypto Assets (Federal Law No. 14,478, of December 21, 2022). Finally, as an academic contribution, practical solutions will be proposed to improve the fight against this crime, addressing points that still require further clarification to strengthen the mechanisms used in Brazil to prevent and repress money laundering using cryptocurrencies.