CORRUPTION PROFILES CORRUPTION IN PUBLIC EXPENDITURES AND ADMINISTRATION

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CORRUPTION PROFILES CORRUPTION IN PUBLIC
EXPENDITURES AND ADMINISTRATION

• Lecturer ABEL GOMES
• Judge of the Federal Regional Court of Appeals of
  the 2nd Region (Rio de Janeiro/Espírito Santo)
  Brazil
• Expert in Criminal Law

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SOCIOLOGICAL ASPECT
CORRUPTION AS A PHENOMENON

• LEGAL ASPECT
• Broad or inadequate sense
• Strictu sensu art. 317 and art. 333 of the
  Brazilian Criminal Code.

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• CORRUPTION WITH EVASION
• With transfers of public money out of the public
  treasury
• With impediment to the collection.

TYPES OF PUBLIC CORRUPTION

• CORRUPTION WITH FAVORING
• OF INDIVIDUALS
• Licit but inapproriate acts
• Illicit acts.

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CORRUPTION WITH EVASION TRANSFER OF PUBLIC MONEY
BEING SIPHONED OUT OF THE TREASURY

• Interference of pressure groups in the approval
  or clearing of budget
• Use of funds for constructions and/or services
  hired through bid-rigged contracts by cartels and
  pre-determined choices of the participant.
• Consequences
• Constructions and services overcharged on behalf
  of the companies
• Bribery of politicians who interfere in the
  allocation of the funds
• Bribery of executive public officials.

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CORRUPTION WITH EVASION AND IMPEDIMENT TO
COLLECTION

1. Bribery of field fiscalization officials
2. Administrative Advocacy
3. Removal of taxation or of various fines debits
   from the electronic media files.

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CORRUPTION WITH FAVORING OF INDIVIDUALS -LICIT
BUT INAPPROPRIATE ACTS

• Obtaning permits licenses etc
• Private licit activities
• Unfulfillment of conditions to get them
• Kickbacks to get them.

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CORRUPTION WITH FAVORING OF INDIVIDUALS -
ILLICIT ACTS

• a) Eventual Corruption
• b) Constant Corruption
• c) Corruption infiltrated in criminal
  organizations on purpose.

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SUGGESTIONS FOR DIRECTIVES

• Recovery of the funds public interest
• Transparency in all public acts
• Freedom of press and confidentiality of the
  source
• Anti-infiltration internal control program Know
  your public official
• Money laundering control
• Asset Recovery
• New Bills