Citizenship and Combating Corruption Proposals Extrapenais of Brazilian Legal System Improvement

• Main Authors: Eduardo Augusto Salomão Cambi, Mateus Eduardo Siqueira Nunes Bertoncini
• Format: Article
• Language: Spanish
• Published: Conselho Nacional de Pesquisa e Pós-Graduação em Direito 2016-05-01
• Series: Conpedi Law Review
• Subjects: Corrupção; Propostas de aperfeiçoamento do ordenamento jurídico brasileiro; Cidadania.
• Online Access: http://portaltutor.com/index.php/conpedireview/article/view/22

Corruption is one of the serious Brazilian problems. The embezzlement of public funds prevents the realization of fundamental social rights and delays national develop- ment prevent inhibiting the real access to citizenship. Brazil needs to face the paradox of being the eighth world’s largest economy, and having low human development indexes. Social justice does not coexist with impunity. Public funds, paid by taxpayers, sidetracked by corruption schemes, fail to reach the investments in the enlargement of public health, education, security and infrastructure. Moreover, the opportunity of corruption increases corruption when there is impunity. To reduce corruption levels in Brazil, it is urgent to think about legal system improvement alternatives, a task which is also entrusted to the academy. Although positive law does not change social reality, the lack of appropriate legal mechanisms prevents the equating of part of the Brazilian’s society problems, such as corruption. In the extrapenal sphere, beginning with constitutional law, it is important to emphasize the need to improve issues such as the strengthening of internal and external controls, reforming constitutional institutions, such as the Courts of Auditors. In addi- tion, the enlargement of transparency and social control of the prosecution performance in infra constitutional sphere requires fundamental legislative reforms, in order to provide for the realization of the human rights enshrined in the 1988 Constitution.