Como as nações prosperam Efetividade processual mediante cooperação jurídica internacional e as ações mais poderosas contra corrupção transnacional

• Autor(a) principal: Haselof, Fabíola Utzig
• Data de Publicação: 2022
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/18689
• topic: Criminal Procedure; International Legal; Cooperation; Effectiveness; Transnational Corruption; Treaties and Conventions; Cooperation Judge; Direct Cooperation; Whistleblower; Prevention of Corruption Act; Graft Act; Brazil; The United States of America; Singapore; South Korea; International Development Indicators; Cost and Benefit of Crime; Presumption of Innocence; Privilege Against Self-Incrimination; Perjury; Right to Silence; Common Law and Civil Law; Expansion of Extraterritorial Jurisdiction; Processo Penal; Criminal; Cooperação Jurídica Internacional; Efetividade; Corrupção Transnacional; Tratados e Convenções; Juiz de Cooperação; Cooperação Direta; FCPA; Brasil; Estados Unidos; Singapura; Coréia do Sul; Índia; Indicadores Internacionais de Desenvolvimento; Custo e Benefício do Crime; Presunção de Inocência; Privilégio Contra Autoincriminação; Perjúrio; Direito ao Silêncio; Expansão da Jurisdição Extraterritorial; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL PENAL

The consensus that currently exists among supranational organizations that corruption is the main cause of delay in the development of countries, seen from a solution-oriented perspective, means that in its approach lies the key to resolving the problem of stagnation in many countries and creating the conditions to their consistent growth and sustainable development. The fact that corruption has become a transnational phenomenon is pointed out by all as a factor that makes it difficult to confront it. We think differently. Our thesis is that corruption, as a transnational phenomenon, compels States to invest and improve their mechanisms of international cooperation and expansion of their territorial jurisdiction, introducing a new standard of conduct at the international level. This new standard, introduced by high developed countries, raises the tone of the fight against corruption, with effects not only at an international level but also at the domestic level of trading partner countries that have serious domestic problems related to corruption. These countries, which have interests in their commercial relations at a global level, have no choice but to raise their standard of conduct to seek a closer alignment with more advanced countries in the fight against corruption. As external pressure to improve the internal system increases, and as more countries create mechanisms to make international cooperation more effective and expand their jurisdiction, these two actions make transnational corruption increasingly risky, raising the cost of crime and making it less attractive, discouraging its practice. This work was divided into two parts, the first dedicated to international legal cooperation, in which we address the most current and important trends recommended by international conventions for improving international cooperation and combating transnational corruption. The second part is dedicated to the effectiveness of the procedure law, in which we address the most powerful tools developed mainly by the United States, which are the largest global players in the fight against transnational corruption, and also by other successful countries in worldwide rankings of comparative performance.