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Critical analysis of the ten proposals against corruption

Grant number: 17/15701-5
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): October 01, 2017
Effective date (End): September 30, 2018
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Sérgio Salomão Shecaira
Grantee:Lucas Bannwart Pereira
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This project will analyze the phenomenon of the corruption by different perspectives, like philosophy, sociology and law, to figure out if the "Dez medidas contra a corrupção" (Ten proposals against corruption) are able to combat this problem. During the past decade, the Brazilian media reported many cases of corruption involving politicians, like the "Mensalão" and "Petrolão", causing great indignation in the population with this practice. Inside the context of the last scandal, the "Petrolão", the "Dez medidas contra a corrupção" appeared as solution to the corruption in Brazilian society. They are proposals created by Federal Prosecutors, and desire to change how corruption is being treated in Brazil. The proposals have a big approval of the population (more than one million signatures), and they figure as Bill in the House of Deputies (PL 4850/16). The desire to make this research comes from the fact that corruption exists in Brazil since the beginning of the colonization, and generate a great commotion in the society, that wishes for a solution to this this problem. Regarding corruption cases, it's very common seeing the creation of new laws that just try to calm down the population, don't attack the roots of the problem, and are based in political reasons. So, one of the research's focuses is analyze if these proposals are able to face this problem, and won't just become a useless law that passes the fake felling that corruptions in being combated properly. It's also possible to see a very severe treatment against white collar crimes, in which many personal guarantees are pushed way because these criminals usually are less vulnerable, and as an attempt to reduce the differences to the treatment that is given to more vulnerable criminals. In front of that situation, the other focus of the research will be an analysis to find out if those proposals fit in the guarantees established in a Democratic State, and are in accordance with the idea of criminal law as ultima ratio. The main goal of this project is to answer the following question: "are the "Dez medidas contra a corrupção" able to face and prevent the crime of corruption?". In order to answer this question, the corruption, initially, will be studied by different perspectives, like the history, the philosophy, the sociology, the criminal sciences etc., to comprehend what is the corruption, which are its causes, when it appeared in Brazil and how it works in Brazilian society. This first step will be specially focused in a criminological study pf this matter, which will permit to analyze if the proposals are effective to face the corruption crime. After that, the study will focus in the Bill about these proposals to figure out which changes they want to make in the Brazilian law. It will also have an analysis of the institutes the proposals want to change or create. In this step, will be read the articles published in the web site that its creators made to publicize them (http://www.dezmedidas.mpf.mp.br/), to comprehend how they understand the proposals are able to face this problem.The last step, combining what were figure out in the previous steps, will be a reflection to understand if they can be effective to fight corruption, and if they respect the principles that guide a Democratic State, and the procedural and criminal guarantees. There will also have a reflection to find out if they can generate other consequences, that weren't originally planned by its creators, and which effects these consequences might have. (AU)

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