Confisco alargado: recuperação do ativo derivado do crime

Abstract

Extended confiscation is an instrument of criminal populist-regressive policy which, together with the deprivation of freedom penalty, is intended to avoid the investment-crime-gainreinvestment-crime-gain cycle. In 2015, the Federal Public Prosecution Service proposed a legislative amendment called “Ten Anti-Corruption Measures”, among them, a last proposal was precisely the extended confiscation, a measure of assets recovery arising from crime, preventing the redictive characteristic of economical criminal offenses. The present work analyzes, firstly, the macro-criminality considering the perspectives of the current national scenario and the economic crimes, later the extended confiscation itself, covering the forms of confiscation existing in the legal system homeland, correlated concepts and the comparative law. Then, it deals with the constitutionality of the extended confiscation, pointing out the possibly mitigated principles.