INTERNAL LEGISLATION ADJUSTMENT: INTERNATIONAL COORDINATION AS AN EFFECTIVE INSTRUMENT TO FIGHT MONEY LAUNDERING

Abstract

The trade and communication development and the free movement of goods, services and people had shortened distances and favoured integration among countries throughout the world. However, organized crime has also taken advantage of the advances brought about by globalization to move assets resulting from criminal activities among different jurisdictions. Given the relevant impact that the seizure of assets and profits resulting from crimes has on criminal organizations, countries have created new tools to fight organized crime. This article contextualizes this phase and address provisions in international instruments designed to tackle transnational crime and money laundering. The GAFI/FATF role and its importance to prevent and fight money laundering is also discussed, as well as the legislator's original choice to sets out a list of specific predicate offences and the legislation’s subsequent evolution, in line with the international treaties. Finally, the self-laundering money criminalisation in the national legal system and its evolution in comparative law are discussed. From the study it is possible to draw the conclusion that countries shall strive to get their domestic legislation in harmony with international treaties, inasmuch as it is, together with a self-laundering criminalisation, two relevant measures that are in line with mechanisms designed to properly fight money laundering resulting from serious crimes. The deductive method was adopted through which it has been examined the content and bibliographic review of books, research and analysis of International Courts decisions related to the subject addressed.