O enfrentamento ao crime organizado transnacional nas Américas: a influência do GAFI e do controle de armas nos acordos celebrados pelo Brasil

Abstract

The fight against transnational organized crime represents one of the main challenges to contemporary security and criminal justice, requiring cooperation mechanisms that go beyond the limits of isolated state action. In this context, this monograph aims to examine the incorporation of the recommendations of the Financial Action Task Force (FATF) into cooperation agreements concluded by Brazil within the Americas, as well as their effects on combating money laundering and arms trafficking. The study investigated the extent to which such bilateral and multilateral agreements incorporate FATF guidelines and the impacts of this dynamic on the effectiveness of efforts to combat criminal organizations. It is based on the assumption that the organization's recommendations do not directly address the control of the manufacture or possession of firearms, but exert a substantial impact on the financial control associated with arms trafficking. To this end, a qualitative empirical-documentary approach was adopted, based on the analysis of treaties signed with the United States, Colombia, Peru, Cuba, Suriname, Mexico, Panama, and Honduras, in addition to the Mercosur Mutual Legal Assistance Protocol. The results demonstrate that these instruments significantly incorporate mechanisms of legal assistance, evidence sharing, asset freezing, and asset recovery, highlighting the influence of standards promoted by the FATF. However, it was found that such incorporation occurs in a partial manner and is predominantly focused on criminal repression, with limited inclusion of preventive measures related to financial intelligence and the monitoring of suspicious transactions. It is concluded that the agreements analyzed have strengthened joint action in combating transnational crime, but still present limitations regarding the full adoption of the FATF’s preventive recommendations.