EXTENDED CONFISCATION IN THE BRAZILIAN CRIMINAL PROCEDURE: AN ANALYSIS OF ITS EVIDENTIARY RULES

Abstract

The paper aims to analyze the evidentiary legal structure of the extended confiscation in the Brazilian criminal procedure, focusing on the claim that extended confiscation reverses the burden of proof by removing it from the prosecution and transferring it to the accused. The paper will show that extended confiscation is based on a relative legal presumption of illicit origin of the incompatible assets of those convicted of serious crimes. The use of presumption, as will be shown, does not mean reversing the burden of proof, as it requires prosecutors to produce strong and sufficient evidence to prove the facts that support the legal presumption.

Keywords

• extended confiscation
• evidentiary rules
• burden of proof
• standard of proof
• asset investigation