Resumo

BANDEIRA, Gonçalo S. de Melo. SIXTH NOTES ON ANTI-MONEY LAUNDERING LEGISLATION IN PORTUGAL-EU: COMMENTS, VIRTUAL, DIGITAL AND/OR CRYPTOCURRENCY ASSETS AND SANCTIONS REGIME IN A FIFTH APPROACH AND CONCLUSIONS. Revista Internacional CONSINTER de Direito [online]. 2024, n.19, pp.623-644.  Epub 01-Maio-2025. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00019.29.

this legal-scientific article aims to explore and update the analysis of the crime of money laundering, specifically the laundering of advantages such as capital, with a focus on the legislation applicable in Portugal and the European Union. In this fifth approach, the discussion centres on the sanctioning regime related to the prevention of money laundering, emphasising the importance of anti-corruption education, an area that has been frequently neglected in Portugal and the EU, as well as in other countries. A recent publication in Portugal highlights the need to integrate anti-corruption training into the curricula at all educational levels, with particular emphasis on universities and polytechnics. This delay in implementing appropriate training is criticised, as our research has been drawing attention to this gap since 1998. The article also critiques the uncontrolled growth of European legislation, arguing that the tendency to legislate on every aspect of life results in excessive regulation and unnecessary bureaucracy. Rather than improving the effectiveness of laws, this legislative expansion has led to additional complications. In the context of a democratic society, it is crucial to maintain confidence in the lawful origin of certain actions, as established by the European Convention on Human Rights of 1951 and the Universal Declaration of Human Rights of 1948. These principles are essential for defining a democratic, social, free, and true State governed by the rule of law. Portuguese legislation on money laundering, which was recently updated in January 2024, reflects this commitment by protecting a complex legal good. The article follows a comparative research methodology, based on previous studies, addressing relevant legal, doctrinal, and jurisprudential aspects in both Portugal and across the European Union, which currently consists of 27 countries. In this publication, special importance will be given to virtual or digital assets, virtual asset service providers, and/or cryptocurrencies. This is an area rife with significant fraud and money laundering activities, such as the laundering of capital or money.

Palavras-chave : money laundering; virtual assets; virtual asset service providers; cryptocurrency; economic criminal law..

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