Similar in Their Differences: Transnational Legal Processes Addressing Money Laundering in Brazil and Argentina
Article first published online: 22 NOV 2011
© 2011 American Bar Foundation.
Law & Social Inquiry
Volume 37, Issue 2, pages 330–366, Spring 2012
How to Cite
Machado, M. (2012), Similar in Their Differences: Transnational Legal Processes Addressing Money Laundering in Brazil and Argentina. Law & Social Inquiry, 37: 330–366. doi: 10.1111/j.1747-4469.2011.01269.x
- Issue published online: 8 MAY 2012
- Article first published online: 22 NOV 2011
The purpose of this article is to provide a comparative analysis of the transnational legal processes that Brazil and Argentina underwent to address money laundering. The article discusses the interaction between the Financial Action Task Force (FATF) norms and a number of changes both countries have experienced in the last decade. The comparison focuses on the three central pillars of the anti-money laundering order (AMLO): criminalization, administrative obligations imposed on the financial sectors, and the creation of a financial intelligence unit. Building from the analytical framework developed by Shaffer (2011), the evidence gathered in this study illustrates different dimensions of state change and highlights the main challenges to assess the effectiveness (output legitimacy) of transnational legal orders empirically.