Politics

Why is the OECD worried about the future of Brazil’s anti-corruption fight?

The OECD will send its Working Group on Bribery to Brazil later this year, and there are concerns that the country is backsliding on its anti-corruption fight
Anti-corruption protest in Rio de Janeiro (June 30, 2019). Photo: Tatiane Silva

After years of pursuing efforts to fight corruption, Brazil is at risk of a backslide, which could get in the way of the country’s bid to join the Organization for Economic Co-operation and Development (OECD), according to its Working Group on Bribery (WGB).

The WGB—one of the OECD’s 300 committees and working groups—is sending a mission to Brazil as early as November to “reinforce the message that law enforcement’s capacity to investigate and prosecute foreign bribery should be preserved.” 

The decision has been propelled by concerns with the “Abuse of Office Act,” a piece of legislation aimed at curbing excesses from law enforcement but seen by many organizations as a way lawmakers can keep prosecutors in check. Despite protests, the law was sanctioned by President Jair Bolsonaro with 18 vetoes, all of which were voted down by Congress. Critics say Brazilian lawmakers—massively targeted by Operation Car Wash—are the biggest beneficiaries.

In its current form, the Abuse of Office Act criminalizes several methods used regularly in Operation Car Wash, such as the compulsory processing of witnesses or suspects without a prior subpoena. Publishing intercepted audio recordings unconnected to evidence or performing wiretapping without a warrant are now also crimes punishable by prison. 

The law also establishes that civil servants who commit these crimes may lose their jobs and be prevented from taking public office from between one and five years, besides paying compensation to the victims. Prison sentences may also be exchanged for community service.

Beyond the Abuse of Office Act,...

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