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O combate à corrupção: a contribuição do direito econômico; The fight against corruption: the contribution of the economic law

Pagotto, Leopoldo Ubiratan Carreiro
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 11/06/2010 Português
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A tese analisa o problema da corrupção sob a perspectiva do direito econômico, buscando compreendê-la a partir da dicotomia público-privado e direito posto-pressuposto. Ambas as dicotomias são expostas e contextualizadas, voltando-se gradativamente ao contexto brasileiro. Por isso, em vez de conceber o objeto de estudo como universal e atemporal, a corrupção é localizada historicamente na formação do Estado brasileiro e nas relações patrimoniais deste com a sociedade: embora, com a importação de regras jurídicas do Estado moderno, tenha havido um verniz modernizante nos direitos penal, administrativo e político-constitucional, o substrato cultural atua de modo a condicionar sua aplicação e eficácia. No patrimonialismo brasileiro, o poder estatal é visto como um direito daquele investido da função pública, passível de ser exercido com pessoalidade, enquanto, de acordo com os princípios gerais de direito no Estado moderno, ao poder estatal corresponde um dever a ser exercido no cumprimento de uma função. Esse descompasso se encontra presente tanto nas formas mais explícitas de corrupção, claramente reprimidas pela regulamentação microjurídica, quanto em comportamentos mais sutis, muitos dos quais aceitos socialmente por parcelas significativas da população. Essas premissas informam a análise de variados aspectos do direito brasileiro...

ICT for governance in combating corruption: the case of public e-procurement in Portugal

Ferreira, Isabel; Cunha, Sandra; Amaral, Luís; Camões, Pedro J.
Fonte: Association for Computing Machinery Publicador: Association for Computing Machinery
Tipo: Conferência ou Objeto de Conferência
Publicado em //2014 Português
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Literature has highlighted the potential of information and communication technology (ICT) in building new models of public governance that promote fairness and accountability, which are key requirements in the fight against corruption. In this context, it is worth mentioning the sector of public procurement, since it is one of the most sensitive concerning any corruption risk. There have been a number of investments by governments towards the implementation of public e-procurement. Portugal is referenced by the European Commission as a good example in this regard. The question that arises is whether this would have an impact on the degree of trust between the citizens and governance, i.e. regarding perception of corruption. This paper explores the theme "ICT governance and transparency in the fight against corruption - the case of public e-procurement in Portugal.” Thus, the aim is to discuss the abovementioned issue with a view in developing future investigations.; This work is funded by FEDER funds through the Operational Program for Competitiveness Factors - COMPETE and National Funds through FCT - Foundation for Science and Technology under the Project: FCOMP-01-0124-FEDER-022674 and PEst-OE/CJP/UI0758/2013-14.

Public Office, Private Interests : Accountability through Income and Asset Disclosure

World Bank; United Nations Office on Drugs and Crime
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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The fight against corruption is a developmental imperative. While international efforts have achieved some significant results, they also illustrate the extent of the challenges that remain. A key lesson of experience is that tackling corruption needs to be waged simultaneously on two fronts: prevention and enforcement. Both approaches are complementary and self-reinforcing. The vast scale of illicit financial flows from the proceeds of corruption and the challenges associated with national and international asset recovery efforts call, in particular, for significant investments in prevention and a broadening of prevention tools. Income and asset disclosure (IAD) systems are gaining prominence as a tool in the fight against corruption, and have the potential to support efforts in both prevention and enforcement. This contribution is recognized in the United Nations Convention against Corruption (UNCAC) and other international anticorruption agreements. Chapter one of this guides provides an overview of the objectives of IAD systems...

Performance Accountability and Combating Corruption

Shah, Anwar
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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his volume provides advice on how to institutionalize performance-based accountability, especially in countries that lack good accountability systems. The volume describes how institutions of accountability may be strengthened to combat corruption. The volume is organized into two parts. The first part deals with public management reforms to ensure the integrity and improve the efficiency of government operations. It outlines an agenda for public management reforms and discusses the roles of e-government and network solutions in performance improvements. The second part of the volume provides advice on strengthening the role of representative institutions, such as organs and committees of parliament, in providing oversight of government programs. It also provides guidance on how auditing and related institutions can be used to detect fraud and corruption. The book highlights the causes of corruption and the use of both internal and external accountability institutions and mechanisms to fight it. It provides advice on how to tailor anticorruption programs to individual country circumstances and how to sequence reform efforts to ensure sustainability. This volume presents the latest thinking of leading development scholars on operationalizing such a governance framework. The focus of this volume is creating performance-based accountability and oversight when there is no bottom line. Each chapter addresses an important dimension of such a framework. The four chapters in part I are concerned with integrity and efficiency in public management. The nine chapters of part II are concerned with institutions and mechanisms to hold government to account.

The Many Faces of Corruption : Tracking Vulnerabilities at the Sector Level

Campos, J. Edgardo; Pradhan, Sanjay
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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This paper explores the use of prototype road maps to identify corruption vulnerabilities, suggests corresponding warning signals, and proposes operationally useful remedial measures in each of several selected sectors and for a selected sample of cross cutting public sector functions that are particularly prone to corruption and that are critical to sector performance. Numerous technical experts have come together in this effort to develop an operationally useful approach to diagnosing and tackling corruption. The many faces of corruption is an invaluable reference for policymakers, practitioners, and researchers engaged in the business of development.

The Costs of Corruption for the Poor—The Energy Sector

Lovei, Laszlo; McKechnie, Alastair
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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In recent years the fight against corruption has assumed a key place in development policy, as a way of strengthening economic growth and helping civil society and democracy to function. Corruption not only stifles growth. It also perpetuates or deepens inequality, as the few amass power and wealth at the expense of the many. The energy sector lends itself to corrupt practices. This is a result both of its traditional institutional arrangements-dominated by state monopolies controlling oil, gas, or electricity-and of the sheer amount of cash it can generate. Corruption in energy takes many forms, from petty corruption in meter reading and billing to grand corruption in the allocation of lucrative monopolies. These practices differ in scale but contribute to the same results-weak operational and financial performance and, for the poor in particular, declining service quality or reduced chances of ever accessing network services. The answer to corruption is continuing reform, to reduce the incentive and potential to capture monopoly rents and to increase the transparency of public and private transactions...

Mauritania : Anti-Corruption Study

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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This report provides analytic support to the National Anti-corruption Strategy (NACS) formulation, offers lessons from international experience on governance and anti-corruption (GAC) policy, and generally supports the Government and its development partners to better understand the phenomenon of corruption in Mauritania. The report is structured as follows: Chapter 2 focuses on the definition and measurement of corruption and the Mauritanian political economy. Chapter 3 focuses on corruption in public procurement. Chapter 4 concentrates on corruption in the courts of law. Chapter 5 deals with the extractive industries. Chapter 6 focuses on corruption from the perspective of the private sector, based on the results of the recent Investment Climate Assessment (ICA). On the basis of the analysis conducted in this report, the single most important message concerns the need for maintaining momentum and pressing ahead with the finalization of ongoing anti-corruption strategic thinking and legislation, and the implementation of already approved GAC laws and measures. Looking forward...

Income and Asset Disclosure : Case Study Illustrations

World Bank; UNODC
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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The requirement that public officials declare their income and assets can help deter the use of public office for private gain. Income and asset disclosure (IAD) systems can provide a means to detect and manage potential conflicts of interest, and can assist in the prevention, detection, and prosecution of illicit enrichment by public officials. Growing attention to anticorruption policies, institutions, and practices has led to increased interest in financial disclosure systems and the role they can play in supporting national anticorruption strategies and in helping to instill an expectation of ethical conduct for individuals in public office. IAD systems are also a key element in the implementation and enforcement of provisions of the United Nations Convention against Corruption and other international anticorruption agreements. This attention has sparked interest among policy makers and practitioners in the design features and implementation practices that make for effective financial disclosure administration. The case studies collected in this volume are intended to profile a range of systems and practices to help respond to this growing interest.

Changing Norms is Key to Fighting Everyday Corruption

Panth, Sabina
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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One of the biggest impediments to anticorruption efforts is the fact that corrupt practices have become so institutionalized in everyday society that citizens view them as fixed and incontestable. To break down such an entrenched mind-set, the public s ignorance of their rights, cynicism, fear of reprisal, and mentality of submission to the status quo must first be defeated. Perhaps most important, the efficacy challenge needs to be addressed. Citizens generally must believe that they can actually do something about corruption in order to summon the courage to act upon that belief. Based on CommGAP s interactions with the global anticorruption community as well as earlier research, we were able to collate 18 representative instances (case studies) from around the world, with real-life examples of citizens coming together to speak up against corruption and social norms vis-à-vis corruption or to change public services affected by corrupt practices. This report is a one-step-up analysis of the collated case studies...

Drivers of Corruption : A Brief Review

Søreide, Tina
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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Corruption is motivated by the possibility of securing something of value for oneself and one s allies. The desire to secure benefits is a human trait and generally positive for development; various forms of rewards drive humans to get up in the morning, do a good job, and act responsibly. The discussion now turns to the opportunity to secure more benefits than are entitled to within the existing rules of the game ; specifically, the opportunity to grab at the expense of society. A decision maker has the authority to influence an outcome that matters to the briber. For steering a decision in the briber s direction, the decision maker is compensated with a bribe. The steered decision and the bribe now become assets that usually exceed what at least one of the players would have obtained without the corrupt act. The opportunity to seize assets through some form of power misuse differs across sectors, organizations, and decision-making situations. This chapter describes the circumstances in which the risk of corruption is particularly high in other words...

Justice for Forests : Improving Criminal Justice Efforts to Combat Illegal Logging

Goncalves, Marilyne Pereira; Panjer, Melissa; Greenberg, Theodore S.; Magrath, William B.
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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Every two seconds, across the world, an area of forest the size of a football field is clear-cut by illegal loggers. In some countries, up to 90 percent of all the logging taking place is illegal. Estimates suggest that this criminal activity generates approximately US$10-15 billion annually worldwide funds that are unregulated, untaxed, and often remain in the hands of organized criminal gangs. Thus far, domestic and international efforts to curb forest crimes have focused on preventative actions, but they have had little or no significant impact. While prevention is an essential part of enforcement efforts to tackle illegal logging, it has not halted the rapid disappearance of the world's old-growth trees. New ideas and strategies are needed to preserve what is left of forests. This paper suggests that current practice be combined with a more targeted, punitive approach, through more effective use of the criminal justice system. It argues that the criminal justice system should form an integral part of any balanced and organized strategy for fighting forest crime. This strategy should include initiatives to enhance the efficiency of criminal justice in combating illegal logging that is...

Fighting Corruption in East Asia : Solutions from the Private Sector

Arvis, Jean-Francois; Berenbeim, Ronald E.
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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The critical need for private sector involvement in the fight against corruption is now an accepted fact, particularly in East Asia, where there is a buoyant private sector and where corruption has often been equated with cronyism. Cutting off corruption's supply side is a vital step in limiting the economic damage inflicted by corrupt practices. Despite the importance of private sector efforts in this regard, little attention has been paid to company anticorruption programs and to trying to learn from company experience. This book, which is based on research cosponsored by the World Bank and the Conference Board, provides detailed documentation of the efforts of Western and Asian companies to develop good standards of business conduct in their East Asian operations. It provides evidence that a common set of principles for resisting corruption can be established notwithstanding the rich cultural diversity and ownership structure of firms based in that region.

World Bank Country-Level Engagement on Governance and Anticorruotion : An Evaluation of the 2007 Strategy and Implementation Plan

Independent Evaluation Group
Fonte: Washington, DC: World Bank Group Publicador: Washington, DC: World Bank Group
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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Well-governed countries is better able to formulate growth-enhancing policies, deliver essential services to the poor, and regulate financial and product markets. The appeal of governance reform and the fight against corruption can resonate widely across diverse countries and social groups, as demonstrated by recent events in the Middle East and North Africa. Building on more than two decades of experience, the World Bank's 2007 governance and anticorruption (GAC) strategy reaffirmed its continuing commitment to the crucial and challenging agenda of helping countries develop accountable and effective states. Focusing on the country operational aspects of the overall GAC agenda, the Independent Evaluation Group (lEG) assessed the relevance and effectiveness of the strategy and its first phase of implementation efforts over fiscal years 2008-10. A key feature of the evaluation is its benchmarking of the content and quality of the Bank's country-level engagement on GAC issues, before and after the 2007 strategy. The findings of this evaluation are...

Stolen Asset Recovery : A Good Practices Guide for Non-conviction Based Asset Forfeiture; Recuperacion de activos robados : guia de buenas practicas para el decomisode activos sin condena

Greenberg, Theodore S.; Samuel, Linda M.; Grant, Wingate; Gray, Larissa
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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The guide is organized into three major parts: Part A first provides an overview of the problem of stolen assets and the problem of recovering the assets once they are transferred abroad. Second, it describes how the international community has taken steps to respond to the problem through United Nations Convention against Corruption (UNCAC) and the Stolen Asset Recovery (StAR) Initiative. UNCAC introduced a new framework to facilitate the tracing, freezing, seizing, forfeiture, and return of assets stolen through corrupt practices and hidden in foreign jurisdictions. The StAR Initiative developed an action plan to support the domestication and implementation of asset recovery provisions under UNCAC, to facilitate countries' efforts to recover stolen assets that have been hidden in foreign jurisdictions, and ultimately, to help deter such flows and eliminate safe havens for hiding corruption proceeds. Third and finally, Part A introduces non-conviction based (NCB) asset forfeiture as one of the critical tools to combat corruption...

Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets

Brun, Jean Pierre; Dubois, Pascale Helene; van der Does de Willebois, Emile; Hauch, Jeanne; Jaïs, Sarah; Mekki, Yannis; Sotiropoulou, Anastasia; Sylvester, Katherine Rose; Uttamchandani, Mahesh
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication
Português
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Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC...

Africa Development Indicators 2010 : Silent and Lethal, How Quiet Corruption Undermines Africa's Development

World Bank
Fonte: World Bank Publicador: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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The corruption that often captures newspaper headlines and provokes worldwide public disapproval is dominated by loud 'big-time corruption,' notably administrative and political corruption at the highest government levels. In response to this notoriety, the bulk of anti-corruption measures have been tailored to address this type of corruption. However, recent examinations of the level and quality of service delivery in developing countries, including the World Development Report 2004, have highlighted the need to expand the scope of the standard definition of corruption, the abuse of public office for private gain. While acknowledging the importance of big-time corruption in reducing funding for service delivery, recent research has devoted increasing attention to identifying corrupt practices downstream at the frontline of public service provision. Given the complexity of the task, the fight against quiet corruption requires tailoring policies to country circumstances, recognizing that priorities and responses may vary depending on different country conditions. This essay outlines a research agenda to identify interventions to address quiet corruption. Experimenting with various ways to empower beneficiaries and continuing the ongoing efforts to tackle big-time corruption will go a long way toward achieving this goal. Indeed...

Good-Practice Note : Governance and Anti-Corruption Innovations in the Malawi Social Action Fund Project

Aklilu, Petros; Agarwal, Sanjay
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Brief; Publications & Research
Português
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The World Bank supported three phases Malawi Social Action Fund (MASAF) project was first approved in 1996. Malawi, with a population of 13 million, is a low income country with one of the lowest per capita incomes in Sub-Saharan Africa. Malawi continues to face a variety of social, economic, political and administrative challenges including high inflation, low salaries/pensions of public officials, chronic resource shortages, dearth of public goods and services, unethical individual behavior, and kinship and nepotism. As a result of these factors, corruption remains a major problem in Malawi. In response to these challenges, Malawi has introduced a number of initiatives aimed at promoting good governance and fighting endemic corruption. In May 2004, President Bingu Wa Mutharika, immediately after taking office adopted a zero tolerance stance on corruption. This was subsequently formalized into a declaration on zero tolerance on corruption in February 2007. MASAF projects' commendable work in identifying governance and accountability risks and integrating mitigation measures into proposed project activities.

Removing Impediments to Sustainable Economic Development : The Case of Corruption

López Claros, Augusto
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
Português
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This paper examines causes and consequences of corruption within the process of economic development. It starts by reviewing some of the factors that, over the past couple of decades, have transformed corruption from a subject on the sidelines of economic research to a central preoccupation of policy makers and donors in many countries. Drawing on a vast treasure trove of experiences and insights accumulated during the postwar period and reflected in a growing body of academic research, the paper analyzes many of the institutional mechanisms that sustain corruption and the impact of corruption on development. This paper argues that many forms of corruption stem from the distributional attributes of the state in its role as the economy's central agent of resource allocation. What is the impact of corruption on public finances and on the characteristics and performance of the private sector? What distortions does corruption introduce in the allocation of resources and in the relationships among economic agents in the marketplace? The paper also addresses the question of what can be done about corruption and discusses the role of economic policies in developing the right sorts of incentives and institutions to reduce the incidence of corruption. Particular attention is paid to business regulation...

L’Office des Nations Unies contre la drogue et le crime et la lutte internationale contre la corruption : perceptions des professionnels

Stefanov, Ivaylo
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Travail aux cycles supérieurs / Graduate student work
Português
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Outre les changements sociaux associés à la fin du communisme, les années 1990 marquent également une augmentation de l’intérêt à l’égard de la corruption et de ses effets néfastes sur le développement. En raison de la pression exercée par les États-Unis et l’augmentation de la visibilité de la corruption, plusieurs organisations internationales ont vu l’intérêt de s’impliquer dans la lutte anticorruption. La littérature soutient que la Convention des Nations Unies contre la corruption représente le document international anticorruption par excellence. Adopté en 2003, il compte aujourd’hui 144 pays signataires. Cependant, et malgré l’importance du document, les perceptions des professionnels demeurent cachées derrière les discours institutionnels. Par conséquent, cette étude de cas se concentre sur les perceptions des employés travaillant au sein de la Branche de corruption et crime économique de l’ONUDC. Ils révèlent plusieurs difficultés techniques reliées à leur travail. Entre autres, les professionnels évoquent la charge de travail, les moyens financiers et la considération de leur jugement lors du processus d’évaluation. Leurs fonctions sont également limitées par des défis associés à la mise en oeuvre de la convention : l’absence de sanctions directes pour les pays non conformes...

The scope for mobilising public opinion against corruption: The attitudes of KwaZulu-Natal University students

Harris,Geoff; van der Merwe,Alexander Dawid
Fonte: South African Journal of Economic and Management Sciences Publicador: South African Journal of Economic and Management Sciences
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2012 Português
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The aim of this study is to ascertain perceptions of public sector corruption that university students, as potentially influential members of society, hold. The study is based on a purposive sample of 509 first - and second-year university students. Descriptive and non-parametric bivariate analysis suggests that students overwhelmingly regard public sector corruption as an important issue. In addition, there appear to be remarkable degrees of consensus as to what actions are perceived as corrupt even if there is evidence of mismatches between students' beliefs and likely actions. At least some of this dissonance may be explained by the finding that respondents' corruption perceptions are biased by gender and ethnicity. These are challenges that programmes aimed at inspiring mass public opinion to join the fight against corruption may have to address.