Perda de bens: efeito da sentença criminal

Abstract

The dissertation analyses the criminal forfeiture as an effect of the sentencing in a criminal case. Right after the introduction, the second chapter was dedicated to the theme of the legal nature of the institute if criminal or civil, and all the implications of that decision. The third chapter was about the instrument of crime and its legal prediction. The fourth one, destined to the study of the proceeds of the crime, its type and the regulation of its seizure avowal. The fifth chapter analyzed the issue of confiscation of equivalent value, its possibility under the Brazilian legislation, when it can happen and its legal provision. The issue of the sixth chapter was the repercussion of the criminal forfeiture in Family and Succession Law, above all in moiety and inheritance. The last two chapters dealt with confiscation at the International Criminal Court, its legal provision, possibilities and the Court jurisprudence, also with the third parties in bona fide and its legal defenses. The forfeiture is presented as an effective tool to compensate the victims for their losses and to render unable criminal organizations. Also, its serves the criminal justice to remove the economical and financial benefits derived from criminal activity, making it a symbol of the effectiveness of the public law enforcement