A (In)constitucionalidade do Artigo 17-B da Lei n. 12.683/2012 e a atuação do Ministério Público

Abstract

This scientific article, whose methodology was a bibliographic search and research line to the construction of legal knowledge, aims to highlight the analysis of the 17-B article of new Money Laundering Law (12.683/2012), more specifically about the request of registration data from Public Ministry, without intervention of the judiciary, make the analysis if there is of ense to constitutional principles like the intimacy and the due process of law. At first the study is directed to the fundamental principles and its incidence on the Constitution, highlighting the intimacy law and the secrecy, as well the comprehensiveness of registration data, and if there are protected by the Constitution secrecy. After that, it makes the analysis of the Public Ministry performance on the fight to the organized crime and his importance. Finally, after the analysis of the subjects studied, it makes the identification of the law constitutionality, about the request of registration data.