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Unintended Effects of Anti-Corruption Measures in Brazil: A Study on Institutional Reaction

Institutions
Latin America
Corruption
Leonardo Cuña de Souza
Getulio Vargas Foundation
Leonardo Cuña de Souza
Getulio Vargas Foundation

Abstract

This article analyzes the unintended effects of anti-corruption measures in Brazil, focusing on the institutional reactions to the Operation Car Wash. The Operation Car Wash, launched in 2014, dramatically impacted Brazil's political and economic landscape. It exposed intricate corruption schemes, leading to the conviction of high-profile politicians and businessmen. However, the operation also sparked controversy and criticism, mainly regarding its methods and effects on the country's political and legal systems. In response to Operation Car Wash, a variety of actors engaged in a series of actions and counter-reactions. These actions, collectively referred to as the 'institutional reaction,' manifested in several ways, including legislative changes, judicial decisions, and political maneuvers. Legislative changes, such as amendments to the Plea Bargain Law and the Improbative Administrative Act Law, may weaken anti-corruption efforts by restricting the use of essential tools and increasing the burden of proof required for convictions. The Supreme Federal Court (STF) made several rulings that impacted the scope of corruption investigations, including changes to the rules on imprisonment after conviction in the second instance and the jurisdiction of the Electoral Court to judge common crimes related to electoral crimes. Political maneuvers, such as granting amnesty to political parties for irregularities in their accounts and the use of non-transparent parliamentary amendments, raised concerns about the commitment of the political class to the fight against corruption. The article emphasizes the need for an integrated approach to combat corruption and concludes by discussing the implications of these reactions for the future of anti-corruption efforts in Brazil.