Para um modelo de segurança e controlo da criminalidade económico-financeira - Um contributo judiciário

This paper attempts to propose a criterion for recognition of economic and financial crime. Some aspects of contact and gap between this reality and organized crime are focused, wherein the crime of corruption is assumed as the typological figure of confluence between those two realities. We try to list the legal standards, within the criminal and procedural loose system, tending to enhance the prevention and fight against economic and financial crime, surprising some discontinuities that perhaps do not favor an appropriate intervention on the phenomena they seek to control. We note the difficulties of legal definition of concepts such as economic and financial crime and organized crime, derived, understandably, to some extent, from the very ambiguity of criminological and sociological-cultural categories which characterization is not univocal and stable. An approach of what may be an appropriate and efficient methodology eminently judiciary intervention on the phenomenon of economic and financial crime is assayed, focusing on the possible reconfiguration of the role and terms of intervention of the major institutions on preventing and criminal investigation (v.g., supervisory and regulatory authorities, inspective departments of Public Administration, the Council for Prevention of Corruption, the Public Prosecution Office - the DCIAP and Judiciary Police - the UNCC). It is also tested the pre-understandings and possible terms of intervention of institutional actors most directly involved in the fight against economic and financial crime. Accepting the centrality of corruption as a confluence phenomenon between economic and financial crime and organized crime, we seek to analyze the set of assumptions that can base an alternative model of safety and control of corrupting practices.