Blogando com Cleiton

sexta-feira, 10 de agosto de 2018

Strong Institutions Working Together Is Essential to Avoid Corruption in Brazil

By Cleiton de Q. Veras

Brazilian corruption cases unveiled in the last decade rumped up. Only one single case got R$ 6 billions cash back up to now. Since 2005,

public institutions have been working hard to discover and to disclose strategies of corruption concealed by politicians and private companies. New technologies and new laws increased transparency, so that anyone can look for frauds, as well permitting the adoption of new investigation methods. Also, changes already done in Election Law may assure fair disputes, so that politicians keen on nation's welfare have real chances to be elected.

It's important to mention that majority of delators stated that it's usual to receive 3% of bidding prices as bribe. Brazil's 2017 Annual Budget reaches R$3,5 trillions ( US$ 1,06 trillions), whose R$1,39 trillions (US$ 421,00 billions) are passive to generate any bribe. This quantity includes statue-owned companies investments and government's investment and general expenditures. Therefore, 3 percent can reach the huge amount of R$ 40,7 billions ( US$ 12,33 billions ) in bribery stolen every year only in Federal Government, not to mention States and Counties expenditures. For instance, it is spent R$ 110 billion with public health assistance per year. Hence, R$ 40 billion is enough to revolutionize health or even public education. Thanks God, public institutions are trying to change this scenario.

New laws stablished additional penalties to crimes related to corruption and government employees' frauds, which had not been typified up to now. Furthermore, Supreme Court changed the amount of appeals allowed against a conviction without occurring arrestment, assuring faster punishment to crimes.

After Supreme Court had decided that companies' donations to candidates were illegal, the Congress changed the Election Law ( Law 13.165/2015) to reflect the Court decision. Since then, we had only one (1) election to vote for County representatives and mayors. This change will avoid that bribery are payed as donation. Most of corruption cases identified were using this form of payment, such as the construction company Odebretch case, according to Daniel Gallas at BBC site.

More else, public institutions in all spheres of power have been developing new tools and have been working together, increasing synergy and efficiency of decisions. Delation agreements are established with the collaboration and investigations of CGU, TCU, MPU, Federal Police and Attorney General's Office ( AGU). Each one collaborates with its expertise helping to solve cases, identifying guilty people and estimating prejudices, which is useful to establish fines values. For instance, Federal Police uses phone tappings to go deep on any suspicions of fraud that CGU or MPU investigations shows off on account statements and public bidding audited. Also, CGU created a website where everybody can search and goes through public expenditures, making possible the social control. It is called Transparency site, www.portaldatransparencia.gov.br. Social control also was fostered by Access to Information Law, which created ombudsman service at public institutions and established rules to classify public information. In fact, anyone can request accessing public documents not classified. Furthermore, MPU asks to judges permissions of access to suspects' bank account statements to trace illegal funds circulation and so on. All these changes together improved public institutions' procedures and tools to avoid corruption that can impose a new way of doing business with government.

Even though Brazilian institutions' surveillance expertise has been improving on last decades, Brazilians need to be better updated about candidates real proposals and political and personal lives, so that candidates involved in corruptions cases are discarded at elections by voters. A great number of politicians declared guilty used to be re-elected, but nowadays Superior Election Court considers that a person convicted in two appeals can't be candidate anymore, as was established in Ficha Limpa Law that changed Complementary Law 64, which dates to 1990 and is know as the Law of Ineligibilities.

Strong institutions working together are a key factor to avoid corruption. Brazil is going in the right way. In fact, corrupt politicians must be prohibited from running for elections, since the way information goes around doesn't permit that regular people takes a good decision choosing their candidates. We hope that honest people may be elected from now on. We hope that executive and legislative powers will be conducted by people that really care about population's necessities, as well as nation's progress, either social or economical. Up to now, most of them has cared only with themselves or with interests of a private group that paid their election expenses.

Bibliography

Brazil's Odebretch Corruption Scandal by Daniel Gallas at BBC site, on 7 March 2017.
www.planalto.gov.br/legislacao
www.planejamento.gov.br

Abbreviation

PF: Federal Department of Police;

CGU: Brazilian Office of the Comptroller General;

MPU: Federal Public Attorneys' Office;

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