Problemas do auxílio direto informal em matéria penal: um desafio do direito penal econômico

Abstract

Mutual legal assistance has gained prominence as a dynamic and agile form of international legal cooperation. The absence of uniform regulation of the mechanism in the Brazilian criminal legal system, however, opens the way for misunderstandings about its requirements and form. As a result, there are numerous informal requests made directly between market regulatory authorities, without complying with the rules set out in international treaties internalized in the Brazilian legal system, with severe consequences for public order, for the fundamental rights of citizens and for the integrity of international commitments signed by Brazil. Using the techniques of bibliographic, documental, and content analysis research, this work will develop a critical analysis of mutual assistance in Brazil, from the perspective of a criminal procedure model guided by the constitution and by the fundamental rights and guarantees of the individual. It is concluded that it is essential to have an adequate and systematic normative understanding of the framework of rules and agreements that underlie and regulate international legal cooperation, in harmony with the domestic legal order, above all, with the guarantees and fundamental rights assured in our legal system.