The criminalization of illicit enrichment of public employees in Brazil as a step of combat against corruption

• Grant number: 12/11011-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2012
• End date: December 31, 2012
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Fernando Andrade Fernandes
• Grantee: Rafael Arouca Rosa
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The corruption is a phenomenon which, during the centuries, has shown itself present in the most varied nations. In a developed or a underdeveloped country, confidential illicit deals always become known, requiring of the State effective initiatives of prevention and repression against this acts. In Brazil, both the realized studies, including statistics ones, as the perception of ordinary people, indicates that the country is in the hall of that ones in which the corruption gets to elevated levels, in the public and private sectors. Recently, has been possible to see a awakening of the population and part of the population about the relevance of initiatives of contention of the phenomenon of corrupt practices. So, there was created the Law Project 5.586/2005, whose objective was to criminalize the practice of the public employee who enriches himself in an incompatible way with his earnings, without reasons for it. This idea was used by the commission of jurists formed to present the project of the new Criminal Code, to create the crime of illicit enrichment of public employees. The objective of this study is to analyze this possible new crime in its most relevant aspects, in order to help the academic discussion and still even the legislative one. (AU)