Banca de DEFESA: Pedro Victor Porto Ferreira

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Pedro Victor Porto Ferreira
DATE: 23/11/2022
TIME: 09:30
LOCAL: https://meet.google.com/awc-wiks-nwk
TITLE:

"Between legality and politics: the crime of passive corruption under the optics of the Federal Supreme Court".

KEY WORDS:

corruption; politics; judicialization of politics; Federal Supreme Court, passive corruption.

PAGES: 150
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The idea of democratization of criminal law through criminal law itself, in other words, the premise of a redirection of punitive power to the highest classes and to the individual bearers of political and economic power, was and still is, repeatedly mentioned by the legal professionals, mainly the members of the Judiciary Branch and of the Public Prosecutor. In this regard, cases such as “Mensalão” and “Lava Jato” are perceived as representatives of the achievement of this end. In this context, the commitment of the Judiciary Branch in fighting corruption is reinforced, especially through a criminal via, which must be treated with caution. This is because the phenomenon of corruption is a complex problem, possessing variables pertaining to the economic, moral, ethic, and political fields, in a way that precludes the construction of an only solution, above all through judicial action. Nevertheless, it was the Judiciary Branch who consolidated itself as the main space for the confrontation of this issue, task performed under juridicalcriminal terms. In addition, there is the approximation of law with politics, in as much as the former becomes the regulator activity of the latter, establishing which practices are acceptable or corrupt through the binomial of licit and illicit. The consequence, in its pronouncements, was the incorporation of concepts originating from these other fields of knowledge to the detriment of the legal text, which has proven to be the problem. This is so because, bearing in mind that the criminal law is the manifestation fundamental human rights restriction, its pillar is legality, responsible for establishing the limit to its scope, hence, decision-making grounded by the use of open and abstract concepts tend to violate its content. In order to envision such context, it was direct to the Federal Supreme Court the study and the court judgments of the original criminal cases in which there was the imputation of the crime of passive corruption, considering it as the offense that reflects the criminal law comprehension above referred to such phenomenon. Thereby, it was intended to examine the understanding of the Federal Supreme Court about this crime, as also the bases used byit, in order to observe if, in its most recent decisions, in its eagerness to build a punitive answer to corruption, the content of the principle of legality was violated.

BANKING MEMBERS:
Externa à Instituição - ANA ELISA LIBERATORE SILVA BECHARA - USP
Externo à Instituição - ADEMAR BORGES DE SOUSA FILHO - IDP
Presidente - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Interna - 1159552 - ELA WIECKO VOLKMER DE CASTILHO