Search results

This paper aims to answer three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? These are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this discussion with the current American debate, its main lessons and concerns to individual procedural safeguards.

There are some questions that should be addressed: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? Thus, this paper aims to discuss these questions, which are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this analysis with the current American debate about asset civil forfeiture provisions, its main lessons and concerns to individual procedural safeguards.

This paper focused on answering three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? The authors sustained the constitutionality of the asset civil forfeiture from a Brazilian perspective, based on three main arguments: First, asset civil forfeiture is based on the non-abused use of property rights constitutional provision. Second, asset civil forfeiture does not imply on or presume a criminal charge. Finally, asset civil forfeiture is not based on the same standard of proof as a criminal proceeding.

The value of this paper is based on its current debate, the regulation of the asset civil forfeiture in Brazil, which is subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated.

This study aims to define objectively what are the elements that should be considered in the repositioning of international cooperation, less under its value, which is unquestionable, but more under the optics of the procedure, how can it be operationalized. International cooperation goes beyond the regulatory effort, which, although an important step, is insufficient. It is inserted in an environment in which there is a multiplicity of forces and instances, non-converging and tensioned. At the same time, in the authors’ view, it is not about cooperation between states or between states and international organizations only, it must understand the private sector equally, which has the expressive property of the technologies used.

The study uses an interdisciplinary approach, and the method of analysis is the typothetical deductive.

Cybersecurity as a global and complex issue demands cooperation between nations, but also the private sector and civil society engagement. It also demands a good governance in the decision making process, more integrated, accurated and precised.

This study is original, and it represents a special concern and vision from professional and academic fields.

The purpose of this paper is to address the interaction between intelligence activity and criminal investigation, in order to improve State capacity to deal with criminal organizations by controlling and identifying illegal money flows.

The analysis is based on the experience of the Prosecution Office of São Paulo, Brazil, which confirms how useful intelligence activity is in criminal cases, especially when it brings a consistent knowledge that provides not only criminal punishment, but also economic and administrative effects.

A knowledge produced by an intelligence activity can strengthen national regulation in order to make more transparent some financial operations, track illegal money, seize assets, improve mutual legal assistance and identify a wide range of criminals.

The paper shows that using intelligence activity in criminal investigations brings more effectiveness and a more strategic approach.