Using Criminal Law to Fight Corruption
The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato)
Bibliographic Data
| ID | 3759714 |
|---|---|
| Authors | Mariana Mota Prado (0000-0002-5555-8859, University of Toronto, corresponding author), Marta Rodriguez De Assis Machado (0000-0002-8924-089X, Fundação Getulio Vargas) |
| Year | 2021 |
| Volume | 69 |
| Issue | 4 |
| Pages | 834-879 |
| Publication date | 2021-12-31 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ajcl/avac008 |
| OpenAlex | W4281252944 |
| Language | EN |
| Citations received | 8 |
The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted by the Lava Jato case. This new jurisprudence has not only played a key role in breaking a long-lasting tradition of impunity in Brazil, but it has also generated much controversy. On the one hand, many Brazilian citizens welcomed the changes, as they allowed judges to overcome the obstacles faced by courts in previous corruption cases. On the other hand, opponents argue that the case is not solidly grounded in rule of law principles. Instead of taking sides in this debate, this Article tries to reframe it by arguing that there may be benefits associated with these novel interpretations, but there may also be costs and risks
Cognitive reframing · Criminal law · Impunity · Jurisprudence · Language change · Lava · Law and economics · Organised crime · Political science · Politics · Relation (database · Scope (computer science · Sociology · State (computer science · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
Corruption and Separation of Powers
Quick Fix Solutions-Anticorruption as Core/Peripheral Modality of the ‘Rule of Law’
Anti-corruption, Political Backlash, and Brazil’s Illiberal Turn
Corporate liability after Car Wash
Electoral consequences of hate speech on social media
Perception of civil service corruption and trust in political institutions in Brazil
Bolsonaro’s Botched Coup Attempt Exposed Political Fault Lines in the Brazilian Democracy
Witch Hunts? Electoral Cycles and Corruption Lawsuits in Argentina
| Unique citing works | 8 |
|---|---|
| Citations per year | 4 |
| Citation span | 2024 - 2026 (3) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 8 |