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Showing posts with label integrity and ethics. Show all posts
Showing posts with label integrity and ethics. Show all posts

Monday, February 24, 2025

Justice That Erases Crimes: The Open Path for the Return of the Corruption


        Minister Dias Toffoli’s efforts to rewrite the history of Brazil’s fight against corruption are striking and raise serious concerns about the direction of the country’s judiciary. With a single decision, he not only imposed his reinterpretation of the facts but also nullified key rulings from Car Wash in favor of Antonio Palocci, a former minister who openly admitted his involvement in illicit schemes and even returned millions of reais to the public coffers. 
        The ruling on Palocci, however, did not occur in isolation. In May 2024, Toffoli had already issued a monocratic decision annulling all proceedings from the 13th Federal Court of Curitiba against Marcelo Odebrecht. The justification in both cases was the same: the hacked messages leaked during Operation Spoofing, allegedly revealing collusion between former judge Sergio Moro and the prosecutors of Car Wash. In practice, this interpretation paved the way for the review of numerous cases and marked a new approach by the Supreme Federal Court, whereby illegally obtained evidence—whose authenticity was never even verified—became grounds for invalidating years of investigations and convictions based on official documents, plea bargains, and rulings from lower courts. In effect, this decision not only benefits Palocci but also sets a precedent for further annulments within Car Wash, allowing politicians and business figures convicted of embezzling public funds to escape punishment and resume their careers with their legal records wiped clean. 
      The legal foundation of these rulings raises serious concerns. Toffoli based his interpretation on dialogues leaked through criminal means that were never formally authenticated. Yet, these messages were deemed sufficient to undermine one of the most significant institutional efforts against corruption in Brazil’s recent history. The decision concluded that Palocci’s right to defense had been violated, disregarding the fact that he himself confessed to his crimes and actively cooperated with the investigations, offering detailed accounts of corruption schemes that siphoned billions from public funds. If his confession was unjust, how does one justify his restitution of illicit funds? 
      This shift in judicial narrative has profound implications. The Brazilian judiciary, once focused on fighting corruption, now appears to prioritize rectifying so-called “procedural injustices”—even at the cost of disregarding legitimate evidence, undermining well-established rulings, and discrediting institutions such as the Public Prosecutor’s Office and the Federal Police. In Palocci’s case, as in Odebrecht’s, the annulment of convictions does not invalidate their plea bargains—meaning that, legally, their confessions and the benefits granted for them remain intact, yet the legal consequences of their crimes vanish. This inversion of priorities reinforces a selective application of legal protections, where certain defendants enjoy extensive judicial shielding while the broader public witnesses the erosion of the criminal accountability system. 
       Toffoli justifies these rulings by arguing that Moro and Dallagnol acted with political motives. While it is true that both later entered politics, this alone does not prove that their actions at the time were driven by electoral ambitions. Such reasoning leads to a dangerous precedent: if someone who combats corruption later pursues a political career, should their previous work be nullified? Meanwhile, those convicted of corruption, if rehabilitated by these rulings, are free to resume their political careers without restriction. As a result, the central figures of Brazil’s largest corruption scandals reemerge on the political stage as if nothing had happened, while those who sought to hold them accountable are discredited. 
     With these actions, Dias Toffoli has positioned himself as the chief architect of Car Wash’s judicial dismantling. This process has already impacted international rankings: Brazil recently recorded its worst position in Transparency International’s Corruption Perceptions Index since 2012. This decline is no coincidence. It is a direct consequence of an institutional shift that, rather than addressing potential excesses of Car Wash, opted for its complete disassembly—leaving society increasingly disillusioned with the judiciary’s ability to combat corruption. What was once an institutional effort to hold the corrupt accountable has now become a judicial mechanism for restoring the careers of political and business elites. Toffoli’s ruling not only consolidates the rehabilitation of these figures but also makes clear that fighting corruption is no longer a priority in Brazil. 
      The Supreme Federal Court, which once played a critical role in prosecuting politicians and executives involved in billion-dollar corruption scandals, now appears to be reinventing itself as the great restorer of reputations. A nation that once aspired to a justice system that was both efficient and impartial now watches as history is rewritten, allowing the same figures to return to power without consequence.

#corruption #anticorruption #carwash #stf #integrity #ethics

Tuesday, June 2, 2020

Webinar | Integridade e Compliance nos Tempos da Covid-19



Webinar | Integridade e Compliance nos Tempos da Covid-19 sobre os impactos da Covid-19 no combate à corrupção na saúde com Pedro Ruske Pedro R., Diretor de Promoção da Integridade na CGU, Carlos Eduardo Gouvea , Presidente Executivo da Câmara Brasileira de Diagnóstico Laboratorial e Assessor de Relações Institucionais do Instituto Ética Saúde e Ligia Maura Costa, Professora Titular na FGV EAESP e Coordenadora do FGVethics hashtagintegridade hashtagFGVEAESP hashtagcorrupcao hashtagcompliance hashtagcgu hashtagcovid19 hashtagfgvethics

Sunday, November 17, 2019

Workshop Internacional em Compliance & Anticorrupção
FGV Ethics

O Workshop Internacional em Compliance & Anticorrupção traz aos participantes uma análise das melhores práticas de anticorrupção e compliance nas organizações, tendo por foco uma análise  comparativa internacional e envolvendo praticamente todos os stakeholders. Assim, o Workshop traz uma combinação de estratégias aliadas às melhores práticas de compliance, ética, integridade e governança corporativa.

Data: 29 de novembro de 2019, das 9h00 às 13h00
Local: Escola de Administração de Empresas de São Paulo da Fundação Getulio Vargas
            FGV-EAESP
            Rua Itapeva, 432, 4o andar, Salão Nobre
            São Paulo, SP
VAGAS LIMITADAS

Público Alvo:
Executivos do setor público ou privado das áreas de governança, risco e compliance, auditores internos, jurídico, RH, membros de Conselhos de Administração, Fiscal e Consultivo das empresas.

Agenda:
8h30 – 9h00 – Welcome Coffee
9h00 – 9h10 – Abertura:
Ligia Maura Costa, Coordenadora Geral FGVethics
9h10 – 10h00 – Palestra:
Challenges of Anticorruption prevention. Comparative Analysis
Dr. Sirilaksana Khoman, Chefe do Setor Econômico de Prevenção contra a Corrupção, Comissão Nacional Anticorrupção, Tailândia
10h00 – 10h15 Q&A
10h15 – 12h30 – Mesa de Debates:
Compliance para Competividade no Brasil: Desafios e Oportunidades
Debatedores:
Ana Paula de Medeiros Carracedo, Chief Risk & Compliance Officer, Votorantim
Carlos Fernando dos Santos Lima, advogado especialista em compliance
Cristine Santini, Desembargadora, Tribunal de Justiça de São Paulo
Gilberto Frussa, Diretor de Compliance, Itaú Unibanco
Pedro Ruske Freitas, Diretor de Promoção da Integridade, CGU
Reynaldo Goto, Chief Compliance Officer, BRF
12h30 – 13h00 Q&A13h00 – Encerramento:
Ligia Maura Costa, Coordenadora Geral FGVethics

NÃO HAVERÁ TRADUÇÃO SIMULTÂNEA
Realização: FGVethics

Wednesday, November 9, 2016

RESEARCH ASSISTANCE REQUESTED

Dear Professors:
I am a full professor, tenure track, at FGV-EAESP, São Paulo, Brazil. I am writing this e-mail to ask for your kind assistance for a research project. I am collecting information on courses and programmes being taught by universities, international associations bodies and NGOs (e.g. undergraduate, graduate, masters level, executive education, online education etc.). I would be very much appreciated if you could share with me any available information (links to open public access academic resources or PDF files e.g. syllabi) you may have about courses or programmes that you might be aware of in one or more than one subject matters: integrity and ethics; organized crime; corruption; terrorism prevention; trafficking of firearms; cybercrime; criminal justice; human trafficking; migrant smuggling. Courses and programmes in All languages are more than welcome. My deadline is November 15, 2016.
I would like to thank you in advance for your kind assistance. Fell free to circulate this note to your colleagues, if you fell like. If you have any questions or comments, please feel free to contact me at ligia.costa@fgv.br