Responsabilidade penal por recebimento de honorários advocatícios maculados

Abstract

This paper aims to analyze the conduct of receiving attorneys' fees arising from illicit activities, from money laundering, and the imputation of criminal liability to the lawyer for receiving tainted fees, that is, fees resulting from laundering activities. Of money. The criminalization of criminal law can be considered as a reflection of policies that must be implemented, as it is a matter of concern, and which lacks studies on the subject, which is why it is intended to contribute with doctrinal and jurisprudential solutions to lawyers who receive fees tainted, but who do not participate effectively in financial operations in order to hide and conceal the fruits of criminal offenses. Thus, through a bibliographic review, of a qualitative and descriptive character, based on scientific materials, legislation, doctrines and jurisprudence from a dogmatic-criminal point of view, with emphasis on the approach of the Money Laundering Law, it was understood that the attorney's right to professional secrecy cannot be absolute, and he may be required to render an account of his professional practice, especially when he receives fees with knowledge of his illicit origin, and may be criminally liable for money laundering, in these cases, provided he receives the tarnished fees for the purpose of concealing or concealing the illicit origin of the funds.