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 2 nd Region (Rio de Janeiro/Espírito Santo) – Brazil Expert in Criminal Law 1

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

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

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 predetermined choices of the participant. Consequences: a) Constructions and services overcharged on behalf of the companies; b) Bribery of politicians who interfere in the allocation of the funds; c) Bribery of executive public officials. 4

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

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. 6

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

SUGGESTIONS FOR DIRECTIVES 1. 2. 3. 4. 5. 6. 7. 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 8