Control measures against corruption in Brazil

Abstract

This article aims to provide a brief outline of the functioning and current state of the legal tools available to corruption control policies in Brazil. Initially, a brief presentation of the regulation of corruption crimes in the Penal Code is made. The following describes the essential aspects of the Brazilian anti-corruption law, unveiling the features that characterize the systems of administrative responsibility and civil judicial responsibility, the function and effects of compliance programs, as well as the lines of the leniency agreement. Moreover, a slightly more detailed analysis of the award-winning collaboration agreement (denunciation) is made, by the effects achieved in operation "Lava Jato", examined its modalities, requirements, conditions and effects, and the role of the different intervening subjects (Public Prosecutor, Defense Lawyer, Judge), with emphasis on the relevance of judicial control, notably by the Supreme Court, also mentioning the main modifications of the so-called Anticrime Law (Law No. 13,964, of 12/24/2019). In the final considerations, the effectiveness of these control mechanisms is alluded to.