O compliance penal como instrumento de prevenção à lavagem de dinheiro nas casas de apostas: desafios e perspectivas no Brasil.

Abstract

This paper analyzes the effectiveness of criminal compliance as an instrument for preventing money laundering within the context of the expansion and regulation of online betting houses in Brazil. Given the sector's growing vulnerability to financial crimes, it investigates how integrity programs can mitigate the risks associated with this activity. The main objective is to evaluate the applicability of criminal compliance as a tool against money laundering in "bets", examining its mechanisms, the Brazilian regulatory scenario (Law Nº. 14,790/2023), the implications of the Money Laundering Law (Law N°. 9,613/1998), and the practical challenges of implementation. A qualitative approach, deductive method, and bibliographic and documentary review procedure are adopted, analyzing specialized legal doctrine and relevant legislation. It demonstrates that although the sector presents significant vulnerabilities (KYC circumvention, transactional volume, new technologies), the instruments of criminal compliance (due diligence, continuous monitoring, risk management, integrity culture) offer direct responses. However, the challenges related to cost, technology, and organizational culture are acknowledged. The conclusion is that criminal compliance is an indispensable and potentially effective tool, but its effectiveness is conditional upon the seriousness of its implementation, leadership commitment, and adaptation to the specific risks of the sector, being crucial for the integrity and sustainability of the betting market in the country.