Lavagem do produto de corrupção passiva por meio de doação eleitoral

análise quanto à possibilidade de concurso de crimes

Abstract

This article seeks to analyze criteria for identifying the cumulation of offenses between the crimes of passive corruption and money laundering in cases in which the undue advantage is passed on by the corrupting agent through an electoral campaign donation to the corrupt agent. To this end, relevant considerations are initially made about the crimes of passive corruption and money laundering, highlighting the scope of classifications, the moment of consummation and exhaustion and their stages. Reflections are also made about the possibility of committing crimes in cases where the undue advantage agreed upon in the crime of passive corruption is passed on to the public agent with the concomitant use of techniques to conceal its origin and illicit nature. In the end, it is concluded that the electoral donation is suitable to serve as an instrument of dissimulation of the illicit nature of the proceeds of the crime of corruption, seeking criteria to identify situations in which the agent can be held responsible, in cumulation of offenses, for the crimes of corruption and money laundering in the context of electoral donations.