Conditioning Factors of Anti-Money Laundering Implementation in Brazil

Abstract

This is a case study on the factors that influence the implementation in Brazil of a transnational legal order against money laundering (AML TLO). The research uses qualitative and quantitative evidence, guided by a process tracing qualitative method. It documents the nature and consistency of conditioning factors such as international pressure, domestic politics, and agency networks, and considers the validity of the assessment of the influence of these conditioning factors on the patterns of implementation. The longitudinal approach to implementation of the AML regime in Brazil encompasses three distinct periods, from initial implementation (1995 - 2002), full implementation (2002 - 2015), and regression with respect to AML implementation after 2016. The dissertation presents, for the first time in Brazilian studies, an assessment of AML TLO implementation across three outcome levels (i.e., compliance with laws, agencies' operations, and judicial output). The findings of this work point to the need to deter AML regression and rebuild the regime, providing for correction of former mistakes.