Transparency International Anti-Corruption Helpdesk Answer .
Transparency International Anti-Corruption Helpdesk AnswerBrazil: Overview of corruption andanti-corruptionAuthor: Guilherme France, tihelpdesk@transparency.orgReviewer: Maíra Martini, Transparency InternationalDate: 29 January 2019Corruption remains one of the biggest impediments to economic development in Brazil. Itthreatens recent strides made towards equality and social justice, and it has exposed thefragility of Brazil’s 30-year-old democracy. Over the last few years, Operation Carwash(Operação Lava-Jato in Portuguese) has uncovered one of the largest corruption schemesin history, involving billions of dollars, politicians and businesses from several differentcountries. While it is the direct result of legal and institutional evolution in anti-corruptionpolicies, it has also demonstrated how much work remains to be done. Wide-rangingreforms on Brazil’s political system are necessary not only to fight and, especially, preventcorruption, but also to safeguard the country’s democracy. 2019 Transparency International. All rights reserved.This document should not be considered as representative of the Commission or Transparency International’sofficial position. Neither the European Commission,Transparency International nor any person acting onbehalf of the Commission is responsible for the use which might be made of the following information.This Anti-Corruption Helpdesk is operated by Transparency International and funded by the European Union.
QueryCan you provide an overview of corruption and anti-corruption efforts in Brazil?Contents1.2.3.4.Overview of corruption in BrazilWeakened democracyLegal and institutional anti-corruptionframeworkReferencesMain points— Corruption has led to declining publicconfidence in institutions and theweakening of democracy.— Threats against the civil society and theOverview of corruption in Brazilpress put democracy and the fight againstcorruption at risk.Background and recent developmentsBrazil is the world’s ninth largest economy (IMF2016), but still faces challenges to close the— Operation Carwash has uncovered one ofthe biggest corruption schemes in theconsiderably high income-inequality gap. Healthworld, involving high-level officials,services, education, sanitation and infrastructurepoliticians, political parties and several ofare extremely problematic, damaging the country’sthe country’s biggest companieseconomic prospects and deepening the inequalitychasm.— Legal loopholes remain: whistleblowerprotection, lobbying regulation andWith one of the highest levels of taxation in thedeveloping world, corruption is often blamed forthe diversion of funds and, ultimately, for the lackof quality in public services. It has also sappedpolitical financing reform, among otherissues covered in the “New Measuresagainst Corruption”.confidence in institutions and Brazil’s electedleaders.With Operation Carwash emerging and gainingstrength since 2014, corruption has become amarshalled the much-needed reforms in Brazilianpolitical and judicial systems.Extent of corruptioncentral issue for Brazilians1. However, extensiveinvestigations and prosecutions have not, so far,Corruption remains one of the main challenges forBrazil. The country ranked 105 out of ciaspodem-ser-coadjuvantes-222414322Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
countries assessed in Transparency International’strust in institutions and tainted the electoral2018 Corruption Perceptions Index, with a score ofprocess.35 out of 100 – on a 0 (highly corrupt) to 100(highly clean) scale. The South American countryAs the outcry against corruption scandalshas fallen 5 points since 2016, when it scored 40.manifested itself in the 2018 elections, theWith that, Brazil has reached its lowest mark sincechallenge now is to sustain the country’s efforts2012 (Transparency International 2019).against corruption while still protecting essentialaspects of democracy, such as fundamental rightsThe World Bank’s Worldwide GovernanceIndicator (WGI) for the control of corruption hasand a system of checks and balances.also shown a sharp decline in the last few years. ItCitizens’ trustranges from 0 (lowest control of corruption) to 100In the past few years, political parties, members of(highest control of corruption), and Brazil scored acongress, ministers, sitting and former presidentsvalue of 36.06 per cent in 2017 (World Bank,have all been implicated in corruption2017). This is the lowest indicator attributed toinvestigations2. As these corruption scandalsBrazil since 1996, when the assessment was firstmount, the public’s confidence in Brazilian politicalconducted.institutions has fallen and, with it, trust in theFindings from the 2017 Global Corruptiondemocratic regime established in 1988.Barometer also offer a rather bleak picture: 78 perThe Global Corruption Barometer (Transparencycent of respondents believed that the level ofInternational 2017) showed that only 35 per cent ofcorruption in the country had increased, 56 perBrazilians believed the government was doing wellcent consider it a serious problem, and 47 per centin the fight against corruption. Even morefelt that the government was “doing badly” fightingworrisome, 57 per cent of the population believedcorruption. Meanwhile, only 11 per cent ofthat most or all members of congress are corruptrespondents – the second lowest bribery rate inand 52 per cent considered the president and mostLatin America – stated they had paid a bribe whenor all of his senior officials to be corrupt.accessing basic services, such as a public hospitalor the courts, suggesting grand corruption is theDisseminated mistrust in political institutions hasmain issue in Brazil (Transparency Internationalbecome a finding common to multiple researchers.2017).The 2018 Social Trust Index showed that Brazilianinstitutions had reached a low point (48 points, in aWeakened democracyscale of 1 to 100), when it came to public trust.Brazil has been steadily providing irrefutableThat was driven by growing mistrust of theevidence that corruption is one of the gravestpresidency (13 points), political parties (16) andthreats to democracy. It has eroded the public’sthe congress (18) (Ibope lava-jato.shtml3Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
The Justice Trust Index found that the federalwell as for independent evaluations of thegovernment was considered trustworthy by only 6legislative framework.per cent of Brazilians, a similar mark to that of thenational congress (7 per cent). In contrast, theThe most recent changes were significant, andarmed forces were among the most trustedtheir impacts have not been fully measured. Due toinstitutions in both indexes (FGV Direito SP 2017).a decision by the supreme court (ADI 4.650),companies (and other legal persons) were barredSupport for democracy has fallen across all offrom donating to political campaigns. Elections andLatin America. It reached its lowest mark in 2018party financing were thus restricted to individualwith only 48 per cent of those intervieweddonations and public funding.indicating that it is the best form of government.On the other hand, 28 per cent signalledLimits on individual donations were set at 10 perindifference between a democratic and ancent of gross income for the previous year. In aauthoritarian regime – 15 per cent demonstratedcountry as unequal as Brazil, this allows foran outright preference for the lattersocioeconomic inequality to translate into political(Latinobarometro 2018).representation disparity – “those with less incomeor turnover can contribute less to the campaignsParadoxically, concerns about the future ofand, consequently, have less influence over theBrazilian democracy, raised during the 2018electoral process” (Instituto Ethos 2014, p. 12).elections, seem to have rekindled people’s trust inthe democratic regime. Days before the first roundThere are also indications that CEOs are donatingof voting, 69 per cent of electors affirmed theirto political campaigns as private citizens as a waybelief that democracy is the best form ofof circumventing the legal person donations ban,government. Only 12 per cent signalled that anincreasing their political influence with even lessauthoritarian regime might be better, depending ontransparency about the economic interest behindthe circumstances. Those are the strongestdonations4. A study on Rio de Janeiro’s municipalnumbers in favour of democracy since 19893.elections in 2016 pointed out, for example, thatalmost all major donors (donations in excess ofElections and political financeElectoral rules in Brazil are in constant flux,changing every two years, before elections takeplace. This leads to information asymmetry, whichis a major barrier to political renewal. It is also anUS 7,500) had ties to companies with interests indoing business with the city’s government. Theconclusion was that “economic might had migratedfrom the companies to the people [in charge ofthem]” (FGV DAPP 2017).obstacle for monitoring and law enforcement, s-de-campanha-eleicoes2018.htm4Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
Furthermore, a loophole in electoral legislationcompany. For example, if a company did not wantallowed for rich candidates to fully finance theirto receive media attention as a big donor, it wouldowncampaigns5.They were, thus, not subject tolimit the amount directed as registered donationsthe 10 per cent limit on donations for individuals.and increase the caixa 2. On the other hand,Being able to self-finance has become an asset,companies did not necessarily know about how theand a rise in the number of candidates (andbribe was used, whether in a political campaign or6elected officials) with vast estates has followed .elsewhere (Carazza 2018, p. 33).Public financing markedly increased for the 2018Estimates for the amount received as caixa 2 inelections. A Special Campaign Financing FundOperation Carwash alone reach the billions of USwas created and allotted US 450 million – moneydollars mark. The troubling effects of corruption ontaken from investments in health, education andBrazilian democracy and the distortion it producedothersectors7.In addition, the Political PartiesFinancing Fund received US 222 million.within electoral processes have not yet been fullycomprehended. Despite all that, caixa 2 is still nota crime according to the country’s legislation.These rules refer only to registered donations.However, as evidenced by Operation Carwash,Other changes implemented for the 2018 electionspolitical financing is one of the main drivers ofincluded the reduction of the campaigning periodcorruption in the country with unregisteredand the establishment of a spending cap for thedonations (known as “caixa 2” – a slush fund – incampaigns. Presidential candidates, for example,the local parlance) being a big part of corruptioncould spend no more than US 17 million. Bothschemes.measures were presented as steps towardsreducing the influence of money in politics, butIn fact, recent investigations have shown it is aalso made political renewal more difficult.great challenge to discern the difference betweenbribes, bribes as registered donations8 and caixa 2.Political parties are as powerful as they areThis means that public officials helping companiesopaque within Brazil’s political system. Until theto win favourable contracts or adopt favourablesupreme court decides on whether a personregulations were paid in the form of a bribe or aunaffiliated to a political party is eligible to run forlegal (reported) or illegal (unreported) campaignoffice 10, parties are the sole path through whichdonation9. How the money was actually paid oftenpolitical representation runs.depended on the preferences of the official or campanhas.shtml6 -viraativo-na-disputa-eleitoral/7 420948 Officials have been charged with corruption because ofbribes received as registered -caixa-2-propina-edoacoes.shtml10 as-eleicoes2018,700024034485Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
An evaluation of the transparency and decision-initiatives managed to criminalise vote buying (Lawmaking practices of all 35 political parties in thenº 9.840/1999) and to disqualify people convictedcountry rendered devastating results. On a scaleof a series of crimes and irregularities from runningof 1 to 10, the best result obtained was 2.5, with 33for office (Lei da Ficha Limpa or Clean Recordof them obtaining scores under 1 (Movimento pelaLaw).Transparência Partidária 2018).The increase in public funding for politicalcampaigns also increased the power of parties andtheir leaders. Public money flows to the parties,not directly to the candidates and party leadersdecide on how to allocate said resources. Whichcandidates receive how much (money and airtime11) is a matter left entirely to the parties,though changes have been recently implementedto promote gender equality. Candidates for reelection were favoured by this arrangement12,though political renewal reached a high pointregardless.Civil society and the pressFreedom of assembly and association areguaranteed by the Brazilian constitution. Until the1970s however, due to its paternalistic andauthoritarian social structure, Brazil had few nongovernmental organisations (NGOs). In the early1980s, a wide variety of social movements andorganisations appeared. After democratisation,they started playing an important role inadvocating for greater public participation indecision making, and two of the participatorymechanisms created in this period – participatorybudgeting and local health councils – wereThe number of political parties in Brazil – 35 aresuccessfully implemented and became establishedregistered and 30 elected representatives toinstitutional practices (Tranjan 2012).congress in 2018 – is often pointed to as a driverfor corruption and political malfunction. Thatshould begin to change, albeit slowly, withperformance barriers coming into effect after the2018 elections. Only 21 parties reached theminimum voting required to continue receivingpublic funding and enjoying free air time on TV andradio. Said requirements are scheduled toincrease over the next 10 years, further drivingdown the number of political parties13.In subsequent years, the National Conference ofthe Bishops of Brazil’s Commission on Justice andPeace (Conferência Nacional dos Bispos doBrasil, CNBB) and the Brazilian Bar Association(Ordem dos Advogados do Brasil, OAB) played animportant role in mobilising citizens and civilsociety organisations. Several campaignsdemanding more integrity in elections took place,and they were successful in implementinglegislation against vote buying and for the CleanElectoral legislation has been a field of effectiveRecord Law, which prevents individuals convictedengagement by the country’s civil society. Citizenof corruption from running for In Brazil, free air time on the radio and TV is distributedto the parties and candidates during the campaign -partidos.ghtml6Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
NGOs also assumed an important function in thestruggling to finance their activities (Pannuzio anddelivery of public services. During Lula’sSouza 2018).presidency, the government started buildingpartnerships with social movements and providedConcerns about the future of NGOs were sparkedfinancial support to NGOs. This approach hasby the rhetoric spouted by President Jairunfortunately also led to fraud and corruption, withBolsonaro during the 2018 elections, whichcontracts being awarded to NGOs “owned” byinvoked international repudiation15. Newly enactedrelatives of politicians and NGOs receiving publicrules concerning the organisation of the federalfunds without delivering any services, among othergovernment appear to have justified thoseirregularities. Consequently, the Federal Court ofconcerns. Provisional Measure nº 870/2019Auditors (Tribunal de Contas da União, TCU) anddetermined that the government secretariat wouldthe office of the comptroller generalbe responsible for monitoring and coordinating the(Controladoria-Geral da União, CGU) startedactivities of NGOs in Brazil (art. 5, g, I). This drewpunishing mismanagement, and a list of debarredimmediate rebuke from a range of civil societynot-for-profit organisations was created (CEPIM14).organisations16. The degree to which the hostilityof the new administration towards NGOs willCivil society participation in government decisionmaterialise remains to be seen.making was further encouraged in subsequentgovernments. In 2014, President Dilma enacted aThe Brazilian constitution also guarantees freedomdecree (Decreto nº 8.243) obligating federal bodiesof speech and freedom of the press. The Brazilianto establish mechanisms for civil society to takemedia has played, at the federal level, anpart in policymaking, such as regular publicimportant role in uncovering corruption scandalshearings, the creation of councils, among others.and following up on the investigations carried outby authorities. However, in smaller states andCurrently, civil society organisations face newmunicipalities, a lack of resources andchallenges. Funding for their activities haveindependence has hindered the media’s ability todeclined over the last few years. Resources frominvestigate and report on corruption.the federal government fell by more than 80 percent between 2014 and 2016. Private funding fromViolence against journalists has risen in recentnational entities fell by more than 30 per cent inyears. Two journalists were killed in 2018 forthe same period, as did funding from foreignreasons related to their work, while the motivationorganisations. In a country where individualfor the murder of a third journalist is still underdonations are still below the international averageinvestigation. This places Brazil as the tenth most(0.23 per cent of Brazil’s GDP), NGOs aredangerous country for journalists (Committee toProtect Journalist 2018). More than 150 instancesof violence (physical and virtual) against r/blog/carta-aoministro7Transparency International Anti-Corruption HelpdeskBrazil: Overview of corruption and anti-corruption
were reported in 2018 alone, mostly in the contextand fair elections. More than 270 polit
Brazil: Overview of corruption and anti-corruption . doing business with the city’s government. The conclusion was that “economic might had migrated from the companies to the people [in charge of them]” (FGV DAPP 201
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U4 Anti-Corruption Helpdesk Overview of corruption and anti-corruption in Ethiopia 3 at the desired level, increasing burden of foreign debt, increasing disparity between domestic saving and investment, and corruption, among others. These have, in turn, affected the lives of the population (Hailu 2018).
Detection, investigation, prosecution and adjudication of corruption offences and anti-corruption . corruption include the Penal Code, aligned with the requirements of the United Nations Convention Against Corruption, the Anti-Corruption Law, the Whistle-blower Protection Law, .
economic crime. In your overview, please include a discussion on what is meant by "modern forms of corruption" Contents 1. Introduction 2. Common characteristics between corruption and economic crime 3. Conclusion 4. References Introduction Corruption sometimes is mistaken as a synonym of economic crime, despite the distinction between
Transparency International is the world’s leading non-governmental anti-corruption organisation. With more than 100 chapters worldwide, Transparency International has extensive global expertise and understanding of corruption. Transparency International UK (TI-UK) is the U
This anti-corruption Helpdesk is operated by Transparency International and . mining companies interested in exploring the country’s potential resources of gold, bauxite, manganese and hydrocarbons, among others. . in its Human Rights Report on Fiji, st
of Oil and Gas Companies International Secreteriat Alt-Moabit 96 10559 Berlin, Germany Phone: 49 - 30 - 34 38 200 Fax: 49 - 30 - 34 70 39 12 prt@transparency.org www.transparency.org 2008 Report on Revenue Transparency of Oil and Gas Companies PROMOTING REVENUE TRANSPARENCY PROMOTING REVENUE TRANSPARENCY
hydrate (C–S–H), ettringite, and Ca(OH) 2 through a hydration reaction in which hydration heat is produced within the concrete because of an exothermic reaction. Since the thermal cracking of concrete reduces its internal force, watertightness, and durability, an appropriate measure is required to control the heat of hydration. The factors that influence the hydration heat of concrete .
