LOSS OF PROPERTY OF CRIME ORIGIN IN FAVOR OF PUBLIC ENTITIES

Abstract

This work reproduces studies and makes reflections about the loss of public goods from the origin of crime in favor of public entities. The origin of the problem lies in the inefficiency of the traditional fight against organized crime and the need for criminal policies that aim to combat organized crime with insight. Supported and concerned with this situation, the present research raises the question “is the extended confiscation of assets harmonized with Brazilian Criminal Law and Criminal Procedural Law and can it be applied in Brazil?” Extended asset confiscation is assumed to be compatible with Criminal Law and Criminal Procedural Law. Therefore, research and analysis of legislation, doctrine and jurisprudence are carried out. The work verifies the institutes currently existing in Brazilian law related to the extended confiscation, passing through the classic confiscation, the loss of goods and values ​​and the real assurance measures, comparing them with the extended confiscation and perceiving them as an initial opening for the application of confiscation. extended. In the end, the preventive bias of the extended confiscation and its clear advantages in relation to the classic modality are observed.