Lei Anticorrupção e Lavagem de Dinheiro (Lei 9,613/1998)
Law No. 9,613 of 1998 (as amended) established the framework for the prevention and repression of money laundering in Brazil. The law criminalizes the laundering of proceeds from various predicate offenses, including drug trafficking, corruption, tax evasion, and organized crime. It created the Council for Financial Activities Control (COAF) and established reporting obligations for financial institutions and other entities. The law has been amended multiple times to expand the scope of predicate offenses and enhance enforcement mechanisms.
Legal area: Criminal law defines offences against the state and society, establishes penalties, and governs criminal procedure and enforcement.
Year enacted: 1998
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L9613.htm
Key Provisions
- Art. 1: Definition of money laundering (lavagem de dinheiro)
- Art. 2-3: Predicate offenses (infrações penais originais)
- Art. 5: Criminal liability (penalties of imprisonment and fines)
- Art. 9-11: Suspicious activity reports (comunicações suspeitas)
- Art. 11-12: COAF (Conselho de Controle de Atividades Financeiras)
- Art. 14-16: Asset forfeiture and seizure (confisco e sequestro de bens)
- Art. 16-17: International cooperation in money laundering cases
Significance
The Anti-Money Laundering Law is a critical tool in Brazil’s fight against corruption and organized crime. The law has been significantly strengthened by subsequent legislation, including the Clean Company Act (Lei 12,846/2013) and amendments expanding predicate offenses. COAF and the Federal Police have used the law in major investigations, including Operation Car Wash (Lava Jato). Brazil’s AML framework has been evaluated by the FATF and has undergone improvements to address identified deficiencies.