廣島法學 40巻 1号
2016-06-24 発行

ブラジルにおける司法取引(1)

Bargaining system in Brazil : "colaboracao and delacao premiada"
神代 貢志
本文ファイル
抄録
Brazil is one of the friendliest countries to Japan. However, only few attempts have been made so far for the Brazilian criminal system in Japan.

The biggest issue today in Brazil is huge corruption and investigation for the case named “Operation Jet Wash”. On the process of investigation, quite a lot of executives and politicians including ex-president have been arrested. Main measure to gather evidences for proving their crime is the bargaining system in Brazil called “colaboração premiada”or “delação premiada”. In these days, “Operation Jet Wash” and bargaining system in Brazil are not only domestic issue of criminal justice system, but also one of the biggest international issue in the view of economy. The arresting of the ex-director of the National oil company “Petrobras” and the delation made by the ex-director of the campany has led to the accusation against numerous executives and politicians. As a result, domestic administration of Brazil became unstable and economy fell in recession. It is therefore significant to research bargaining system that caused such a huge issue.

Recently, the development of transference system has accompanied increase in the difficulty of arresting organized crimes. Bargaining system has been considered an efficient measure against such kind of crime. In particular, Brazil is a country in which professional criminals exist. Necessity of measures against them is quite high. Although, problems during the bargaining system is still controversy in Brazil.

The purpose of this article is to survey the domestic legislation, accord, and discuss the bargaining system in Brazil.
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