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Osgoode Legal Studies Research Paper Series
Brazilian law, corruption law, anti-corruption, public law, institutional multiplicity
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The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
The Brazilian Clean Company Act: Using Institutional Multiplicity For Effective Punishment, Mariana Mota Prado, Lindsey D. Carson, Izabela Correa
Osgoode Legal Studies Research Paper Series
In Brazil’s battle against corruption over the past two decades, there has been significant progress related to systems of oversight and investigation, but very little progress in holding corrupt actors legally accountable for their transgressions. We suggest that until very recently this could be partially explained by the fact that there was institutional multiplicity (i.e. duplication of functions) in oversight and investigative institutions, while at the punishment stage, a single and underperforming institution — the judiciary — exercised monopolistic authority. To circumvent the limits associated with Brazilian courts, the government is increasingly relying on administrative sanctions for corruption. It is …