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ID 43414
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title alternative
Bargaining system in Brazil: colaboracao premiada and delacao premiada
creator
Kojiro, Takashi
NDC
Law
abstract
The biggest issue today in Brazil is the investigation into the huge corruption case called “Operation Jet Wash.” During the process of investigation, numerous executives and politicians, including the former president, have been arrested. The main source of evidence to prove the suspects’ guilt comes from the bargaining system in Brazil called “colaboração premiada”or “delação premiada.” Today, “Operation Jet Wash” and the Brazilian bargaining system are not only a domestic issue for the criminal justice system, but also one of the biggest international issues affecting the economy. The arrest and testimony of the ex-director of the national oil company “Petrobras” has led to accusations against numerous executives and politicians. As a result, the domestic administration of Brazil became unstable and the economy fell into recession. It is therefore important to research the bargaining system that caused such a huge issue. In this article, we focus on the relationship between the bargaining system and organized crime in Brazil. Is the bargaining system in accord with the principles of Brazilian criminal justice system? Two topics in particular are highlighted: the adversary system in Brazil and the legal enforceability of criminal persecution. There are two main schools of thought with regard to the Brazilian bargaining system, those who agree and those who disagree with the operation of the system. Finally, I give my opinion from the view of comparative law.
journal title
The Hiroshima Law Journal
volume
Volume 40
issue
Issue 3
start page
184
end page
167
date of issued
2017-01-13
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる。
department
Graduate School of Social Sciences
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