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CORRUPTION PROFILES CORRUPTION IN PUBLIC EXPENDITURES AND ADMINISTRATION

CORRUPTION PROFILES CORRUPTION IN PUBLIC EXPENDITURES AND ADMINISTRATION. Lecturer: ABEL GOMES Judge of the Federal Regional Court of Appeals of the 2nd Region (Rio de Janeiro/Espírito Santo) – Brazil Expert in Criminal Law. SOCIOLOGICAL ASPECT . CORRUPTION AS A PHENOMENON. LEGAL ASPECT

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CORRUPTION PROFILES CORRUPTION IN PUBLIC EXPENDITURES AND ADMINISTRATION

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  1. CORRUPTION PROFILES CORRUPTION IN PUBLIC EXPENDITURES AND ADMINISTRATION Lecturer: ABEL GOMES Judge of the Federal Regional Court of Appeals of the 2nd Region (Rio de Janeiro/Espírito Santo) – Brazil Expert in Criminal Law

  2. SOCIOLOGICAL ASPECT CORRUPTION AS A PHENOMENON • LEGAL ASPECT • Broad or inadequate sense; • Strictu sensu – art. 317 and art. 333 of the Brazilian Criminal Code.

  3. CORRUPTION WITH EVASION • With transfers of public money out of the public treasury; • With impediment to the collection. TYPES OF PUBLIC CORRUPTION • CORRUPTION WITH FAVORING • OF INDIVIDUALS • Licit but inapproriate acts; • Illicit acts.

  4. CORRUPTION WITH EVASION TRANSFER OF PUBLIC MONEY BEING SIPHONED OUT OF THE TREASURY • Interference of pressure groups in the approval or clearing of budget; • Use of funds for constructions and/or services hired through bid-rigged contracts by cartels and pre-determined choices of the participant. • Consequences: • Constructions and services overcharged on behalf of the companies; • Bribery of politicians who interfere in the allocation of the funds; • Bribery of executive public officials.

  5. CORRUPTION WITH EVASION AND IMPEDIMENT TO COLLECTION • Bribery of field fiscalization officials; • Administrative Advocacy; • Removal of taxation or of various fines debits from the electronic media files.

  6. CORRUPTION WITH FAVORING OF INDIVIDUALS-LICIT BUT INAPPROPRIATE ACTS • Obtaning permits; licenses etc; • Private licit activities; • Unfulfillment of conditions to get them; • Kickbacks to get them.

  7. CORRUPTION WITH FAVORING OF INDIVIDUALS- ILLICIT ACTS a) Eventual Corruption; b) Constant Corruption; c) Corruption infiltrated in criminal organizations on purpose.

  8. SUGGESTIONS FOR DIRECTIVES • Recovery of the funds: public interest • Transparency in all public acts • Freedom of press and confidentiality of the source • Anti-infiltration internal control program “Know your public official” • Money laundering control • Asset Recovery • New Bills

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