Prevenção ao financiamento do terrorismo: a dissonância entre a regulamentação e a realidade brasileira

Abstract

The Brazilian history of action in preventing terrorist financing demonstrates that the first step was the establishment of a legal and institutional framework, which characterized the financing of the phenomenon as a crime, in addition to establishing preventive measures, considering financial systems, in accordance with recommendations international. This research focuses precisely on the dissonance between regulation and Brazilian reality. From a critical perspective, it is proposed to analyze whether the control mechanisms adopted, based fundamentally on international institutions, are effective and fulfill the purpose of preventing the use of products and services from Brazilian financial institutions in the financing of terrorism, considering the regional idiosyncrasies and the typology to which Brazil is exposed, such as criminal terrorism. To this end, firstly, we went through the definitions of terrorism and its financing, presenting a brief history, current definitions, concepts and characteristics. After brief historical considerations and definitions, the crime and terror nexus, the cycle of terrorist activity, classifications and their financing were discussed. From then on, the international and national regulatory frameworks for preventing terrorist financing, the types of financing were concisely explained and finally, the filters for movements and financial operations that can constitute terrorist financing were discussed. Finally, some criticisms are presented regarding the practices adopted to prevent the financing of this phenomenon