Tratamento jurídico de pirâmides financeiras e esquemas Ponzi no Brasil e no Mundo

Abstract

Financial pyramids and Ponzi schemes are exponentially growing crimes in Brazil and in several countries. Despite this growth, we realize that there is no legal discussion regarding its classification, although it is possible to find different penal frameworks according to the public institutions. Entendemos que deve existir ao menos uma preocupação a respeito da desse assunto, a fim de que a ocorrência de tais crimes diminua. As a matter of knowledge, the Ponzi scheme is a fraudulent process in which victims invest their capital in a supposed undertaking, with a promise of high yield, however, there is no object in itself, the injected capital is only passed on, by the con artist, between the victims, in small percentages, as income. The financial pyramid, on the other hand, is a different fraudulent process, embodied in raising funds from the population, usually masked through Multilevel Marketing, backed by the capital earned only upon the entry of new participants, which is passed on to the next levels. In order to understand in depth how these crimes, which absorb public savings, are perpetrated, we studied their means - Multilevel Marketing and securities. We brought the main cases, including those that had an impact at the national and global level, to have an idea of how such transgressions can affect a country's economy. As will be explained, we understand that the criminal law of the Popular Economy Law should be applied to these crimes, due to the tutelage of the raising of public resources. Fortunately, we realize that these crimes are judged according to Law no. 1,521, from 1951. In short, we brought several data and positions from Brazilian and foreign authors to support our position, as well as to justify the importance of our study