A persecução penal dos crimes dos poderosos na América Latina: um estudo comparado entre Brasil e Chile

This article draws on the theoretical framework of the Crimes of the powerful to analyze the political and criminal reactions generated by high-profile events involving this type of criminality in two Latin American countries, Chile and Brazil. The specific events are the so-called case of collusion of pharmacies and of fraudulent party financing in Chile, and in Brazil, the events that will result in the Lava Jato Operation. This is a qualitative investigation. The methodologies used will be case studies and comparative analysis. The main question is: what is the political-criminal reaction adopted by each country and its consequences? The main objective of the research is to verify similarities and differences between what happened in the two countries, and to ascertain the main reasons why, in Brazil, the window of opportunity was not used to make effective and structural changes in dealing with the phenomenon. The article is divided into the following stages: a) definition of the main characteristics of the criminality of the powerful and the difficulties in theorizing, mapping and dealing with it; b) a brief description of what happened in Chile and Brazil, respectively; c) a comparative analysis of the main differences between the political criminal reactions in the two countries, as well as their possible explanations.

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Publication Details

Journal
Revista Brasileira de Direito Processual Penal
Published
2024-11-20
DOI
https://doi.org/10.22197/rbdpp.v10i3.1020
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
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article

A persecução penal dos crimes dos poderosos na América Latina: um estudo comparado entre Brasil e Chile

Claudio González Guarda, Chiavelli Facenda Falavigno
Revista Brasileira de Direito Processual Penal
Crime, Illicit Activities, and Governance
article

A persecução penal dos crimes dos poderosos na América Latina: um estudo comparado entre Brasil e Chile

Claudio González Guarda, Chiavelli Facenda Falavigno
article en

Abstract

This article draws on the theoretical framework of the Crimes of the powerful to analyze the political and criminal reactions generated by high-profile events involving this type of criminality in two Latin American countries, Chile and Brazil. The specific events are the so-called case of collusion of pharmacies and of fraudulent party financing in Chile, and in Brazil, the events that will result in the Lava Jato Operation. This is a qualitative investigation. The methodologies used will be case studies and comparative analysis. The main question is: what is the political-criminal reaction adopted by each country and its consequences? The main objective of the research is to verify similarities and differences between what happened in the two countries, and to ascertain the main reasons why, in Brazil, the window of opportunity was not used to make effective and structural changes in dealing with the phenomenon. The article is divided into the following stages: a) definition of the main characteristics of the criminality of the powerful and the difficulties in theorizing, mapping and dealing with it; b) a brief description of what happened in Chile and Brazil, respectively; c) a comparative analysis of the main differences between the political criminal reactions in the two countries, as well as their possible explanations.

Revista Brasileira de Direito Processual PenalVol. 10(3)
Universidade Federal de Santa Catarina (BR), University of Chile (CL)
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior, Agencia Nacional de Investigación y Desarrollo
Peace, Justice and strong institutions
Openalex Percentile: Top 67%
Crime, Illicit Activities, and Governance
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