Confisco alargado de bens: uma análise crítica do instituto introduzido pela Lei n. 13.964/2019 e sua compatibilidade com o ordenamento jurídico brasileiro

Abstract

This monograph sought to critically analyze the institute of extensive confiscation of assets, included in art. 91-A of Brazilian Penal Code by Law 13,964/2019, in order to verify if such provision, conceived to combat mainly the new forms of organized crime, strongly influenced by the progress of globalization, is compatible with the Brazilian legal system. To this end, by means of the methodology of dialectical critical bibliographic analysis, and based on the constitutional perspective of the criminal process, the extended confiscation was analyzed from various angles, starting from the classic modalities of loss of property and its alleged insufficiency, running through the history of the institute, its characteristics and legal nature, up to the external and internal context of introduction into the Brazilian Penal Code. At the end, from the examination of art. 91-A of the Penal Code in the light of the principle of the presumption of innocence and the principle of proportionality, the results found were that the institute under examination is not compatible with the Brazilian legal system.