Crimes do colarinho branco e criminologia crítica: um estudo crítico sobre a lei dos crimes contra o Sistema Financeiro Nacional (Lei 7.492/86)

Abstract

This work deals with a critical criminological study on white-collar crimes focusing on Law 7,492/86, which typifies crimes against the National Financial System. The isonomic ideology of the punitive system aims to safeguard the equal treatment under the law for all citizens. However, the practical efficacy of isonomic treatment in the penal system is questioned due to a visible selective punitive intention by the State, particularly regarding the stereotype of the criminal. On one hand, there is a characterization of those who are usually labeled as criminals, while on the other hand, certain offenders enjoy specific privileges. Several decades ago, society began to pay attention to white-collar offenders, who often commit crimes without facing equal criminal prosecution. In this context, the present research problem arises: what critical criminological contributions can be made to a study on white collar crimes in light of the criminal offenses defined in the Law on Crimes against the National Financial System (Law 7,492/86)? Therefore, the overall objective is to conduct a critical criminological study on white-collar crimes in contemporary Brazil, specifically aiming to: understand white-collar criminality and its contemporary revisions; identify the punitive approach of the Brazilian state; analyze the creation of Law 7,492/86 and its efficacy; and review the privileges of white-collar offenders through the lens of critical criminology. To achieve these goals, a deductive approach is used, along with monographic and statistical procedural methods, as well as bibliographic and documentary analysis techniques. It is concluded that the criminal policy model adopted in Brazil contributes to the stratification and selection of those who will be subject to state punitive power. The typification established by the standardization of Law 7,492/86 do not fulfill their objective of reaching the more affluent social class, particularly concerning the characteristic agent who holds the monopoly of privilege and power: the white-collar offender.