Brazil Enacts Inter-American Convention Against Corruption

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Wednesday, January 1, 2003
Jorge Nemr
On October 7, 2002, President Fernando Henrique Cardoso enacted Decree no. 4,410, by means of which Brazil commits itself-American Convention against Corruption, adopted in Caracas on March 29, 1998. The purpose which led the member States of the Organization of American States and, among them, Brazil, to sign the Convention was the strong intent of promoting and strengthening the development of mechanisms necessary for preventing, detecting, punishing and eradicating corrupt acts, mainly in the performance of public functions. For such purpose, one of the main objectives of the Convention is to regulate and facilitate the cooperation between or among the signatory States, in order to assure the efficacy of the measures adopted to fight corruption. However, in my understanding, the great incentives for the obtaining of the expected results are the possibility of assuring protection for public officials and private citizens who, in good faith, report acts of corruption, the measures to be adopted in order to prevent the bribery of domestic and foreign governmental officials (such as our Law No. 10,467, of June 11, 2002, which classified as a crime punishable with reclusion the corruption of a foreign governmental official practiced by a Brazilian), and the intents of stimulating the participation of the civil society and of non-governmental organizations in efforts to fight corruption.