Abstract

• Author: Ivan Morais Ribeiro
• Pages: 19-20

19

Abstract

In an increasingly disruptive scenario, cryptocurrencies

emerge as a decentralized alternative to the financial and banking

system. This libertarian context challenges state control, especial-

ly in the criminal prosecution of money laundering crimes, which

has been based in recent decades on the maxim “follow the mon-

ey” and on measures focused on intermediating entities in the fi-

nancial system, such as financial institutions, through rules such

as “Know Your Customer” and obligations to report suspicious

transactions and above a certain amount. However, in the innova-

tive context of cryptocurrencies, intermediary entities disappear

or lose importance in the system, causing a deconstruction of the

already consolidated investigative method. In this context, the

present work proposes to answer the following research problem:

is criminal control of cryptocurrencies actually possible, especial-

ly with regard to money laundering crimes? Thus, the objective of

this dissertation is to investigate and understand the functioning of

cryptocurrencies, their illicit use aimed at money laundering and

how the State can behave, through public policies, in the criminal

control of this new scenario. In due course, some hypotheses will

be tested, such as the impossibility of controlling crimes carried

out with cryptocurrencies, the partial possibility of control under

various restrictions or the complete possibility through the adop-

tion of new investigative strategies and public policies by the State.

Furthermore, with regard to the research methodology, the study

has a qualitative approach, based on a literature review. Finally, it

is intended to demonstrate a possible way, within the democratic

rule of law, that the State can seek criminal control and criminal

prosecution of money laundering in the face of this new situation,

provided by cryptocurrencies, as well as pointing out the challeng-

es that will be faced.