Corrupção como crime organizado: estudo comparativo entre normas do direito internacional e do direito brasileiro

Abstract

This research aims to analyze the harmony, or not, between international treaties and Brazilian laws regarding corruption as an organized crime. To this end, two normative instruments of international law, namely the United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime, were selected as the benchmark for Laws nº 12.846/13 and nº 12.850/13, respectively. In an initial way, it is exposed about conceptual elements. Afterwards, the above mentioned treaties are discussed. Finally, it deals with the mentioned laws and the correlation of these with the conventions. The bibliographic sources used were, in most cases, the aforementioned norms, books on the subject and information on official websites of Brazilian state institutions and the United Nations. The conclusions point to the fact that there are convergences and divergences between the norms used as object of study in the present work, but that the challenges for the fight against corruption as an organized crime reside much more in structural aspects than in questions related to legal predictions, suggesting that the search for normative adequacy to punish this type of crime is not enough, since the adoption of policies and measures aimed at improving the mechanisms of investigation and prevention represent a central point in the debate around the problem.