O Confisco Alargado e os Princípios Penais: a pretensa incompatibilidade do art. 91-A do Código Penal com o ordenamento jurídico brasileiro

Abstract

The globalization and technological advancement have given rise to new types of crime characterized by highly complex criminal organizations, which pose a great risk to the democratic rule of law itself. The prison sentences and classic confiscation become insufficient and incapable of solving the danger posed by these organizations. In this context, new mechanisms are emerging, including Extended Confiscation. However, the fight against organized crime cannot rely on measures that may violate the constitutional principles that are fundamental to the Democratic Rule of Law, thus, the present work proposes to study the theme and analyze art. 91-A of the Brazilian Penal Code that introduced the institute in our legal system. In this scope, we will analyze the Extended Confiscation in face of the principles of the presumption of innocence, of culpability and of the intranscendence of the penalty. At the end, we will analyze the final wording of the device, investigating any flaws. Finally, we will be able to answer the central questioning of the work, that is, if the institute under study is compatible with the Brazilian legal system.