O confisco alargado de bens na Lei nº 13.964/2019: reflexos no combate à macrocriminalidade e nas garantias fundamentais do Processo Penal

Abstract

The present work aimed to analyze the institute of the extended confiscation of assets, as inserted in art. 91-A of the Penal Code, through an analysis of comparative law and literature review, in order to verify the adequacy of such article to the criminal and procedural guarantees, as well as the efficiency of the institute in curbing macro-crime. For such purpose, the deductive method and the review of specialized doctrinal literature on the topic were adopted. Jesús-María Silva Sánchez's work “Eficiencia y Derecho Penal” was adopted as a theoretical framework, which addresses the integration between the principle of efficiency and criminal guarantees. It is concluded that article 91-A of the Penal Code, when contrasted with article 63-F of Law 11.343 / 2006 (Drug Law), which also provided for extended confiscation, or with the redaction proposed by Bill 3855/2019, is vague and may contribute to a certain amount of legal uncertainty. In this way, proposals for improving the legal text are suggested, based on foreign legislative experience.