Este trabalho, centrado no estudo da Corrupção, propõe-se conhecer a origem do conceito, mas também as suas causas e consequências, sem esquecer asmedidas preventivas e repressivas que poderão contribuir para por cobro ao fenómeno.
Buscou-se conhecer os diferentes tipos de corrupção, dando particular atençãoaos que são tidos em conta pela Convenção das Nações Unidas ContraCorrupção, por se tratar de um documento que derivou de um consensoalargado.
Nas causas de corrupção, que são inseparáveis das condições nas quais elatende a proliferar, distinguiu-se entre: culturais, económico-sociais, políticas e jurídicas.
Considera-se também algumas consequências que a corrupção acarreta àsociedade, destacando-se as ligadas à área económica.
Defende-se um conjunto de medidas económicas e institucionais e as devidasreformas, capazes de conter a corrupção.
Reconhece-se que a frequência com que ocorrem actos da corrupção dependedas oportunidades que o sistema de regulação oferece, dos valores incutidos e assumidos pela sociedade, do nível de tolerância da sociedade para com essaprática e do nível de transparência e de prestação de contas dos organismospúblicos e privados.
Em termos mais específicos...
The fight against corruption is a
developmental imperative. While international efforts have
achieved some significant results, they also illustrate the
extent of the challenges that remain. A key lesson of
experience is that tackling corruption needs to be waged
simultaneously on two fronts: prevention and enforcement.
Both approaches are complementary and self-reinforcing. The
vast scale of illicit financial flows from the proceeds of
corruption and the challenges associated with national and
international asset recovery efforts call, in particular,
for significant investments in prevention and a broadening
of prevention tools. Income and asset disclosure (IAD)
systems are gaining prominence as a tool in the fight
against corruption, and have the potential to support
efforts in both prevention and enforcement. This
contribution is recognized in the United Nations Convention
against Corruption (UNCAC) and other international
anticorruption agreements. Chapter one of this guides
provides an overview of the objectives of IAD systems...
Developing countries lose an estimated US$20–40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Often, the most visible manifestation of corruption is the enrichment of a corrupt public official. Despite such visibility, prosecuting corruption can be very problematic, particularly when it requires proving the offer or acceptance of a bribe. Even when the corruption is established in a court of law, linking the proceeds of the crime to the offense in order to recover assets is a complex endeavor.
In response, some countries looking to strengthen their overall arsenal against corruption have criminalized illicit enrichment. In its Article 20, the United Nations Convention against Corruption (UNCAC) recommends, but does not mandate, States Parties to adopt illicit enrichment as a criminal offense, defining the same as an intentional and “significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.”
The illicit enrichment offense has spurred significant debates involving due processes of law. Others question how jurisdictions are actually using the offense. Finally, many jurisdictions that serve as financial centers do not recognize illicit enrichment as an offense...
The requirement that public officials
declare their income and assets can help deter the use of
public office for private gain. Income and asset disclosure
(IAD) systems can provide a means to detect and manage
potential conflicts of interest, and can assist in the
prevention, detection, and prosecution of illicit enrichment
by public officials. Growing attention to anticorruption
policies, institutions, and practices has led to increased
interest in financial disclosure systems and the role they
can play in supporting national anticorruption strategies
and in helping to instill an expectation of ethical conduct
for individuals in public office. IAD systems are also a key
element in the implementation and enforcement of provisions
of the United Nations Convention against Corruption and
other international anticorruption agreements. This
attention has sparked interest among policy makers and
practitioners in the design features and implementation
practices that make for effective financial disclosure
administration. The case studies collected in this volume
are intended to profile a range of systems and practices to
help respond to this growing interest.
Fonte: Development Studies Network; http://www.crawford.anu.edu.au/rmap/Publicador: Development Studies Network; http://www.crawford.anu.edu.au/rmap/
Tipo: Other; Published VersionFormato: 146 pages
Relevância na Pesquisa
CONTENTS: EDITOR'S NOTES, page 3. DISCUSSION: Introduction: Human security, people trafficking and development / Pamela Thomas, page 4. FEATURES: DEFINING PEOPLE TRAFFICKING - Strengthening national responses to the crime of trafficking: Obstacles, responsibilities and opportunities / Anne Gallagher, page 8. INTERNATIONAL RESPONSES TO TRAFFICKING - The United Nations and the Global Programme against Trafficking / Burkhard Dammann and Paul Williams, page 13. Discord within consensus: The UN trafficking instruments / Paul Williams, page 18. The trafficking of children: Re-thinking the issues through a human rights lens / Sharon Bessell, page 22. Trafficking, corruption and human rights: Migrant workers caught in the cycle / Kathy Richards, page 27. Combating trafficking in persons through the Bali Process / Caroline Millar, page 32. What do we need to know? Improving the evidence base on trafficking in human beings in the Asia-Pacific region / Toni Makkai and Rob McCusker, page 36. Transnational networking for detection and law enforcement / Shane Wright, page 43. Issues of corruption and crime: Transnational crime syndicates and trafficking / Rob McCusker, page 48. The illicit business of human trafficking: A discussion on demand / Brian Iselin...
The guide is organized into three major
parts: Part A first provides an overview of the problem of
stolen assets and the problem of recovering the assets once
they are transferred abroad. Second, it describes how the
international community has taken steps to respond to the
problem through United Nations Convention against Corruption
(UNCAC) and the Stolen Asset Recovery (StAR) Initiative.
UNCAC introduced a new framework to facilitate the tracing,
freezing, seizing, forfeiture, and return of assets stolen
through corrupt practices and hidden in foreign
jurisdictions. The StAR Initiative developed an action plan
to support the domestication and implementation of asset
recovery provisions under UNCAC, to facilitate
countries' efforts to recover stolen assets that have
been hidden in foreign jurisdictions, and ultimately, to
help deter such flows and eliminate safe havens for hiding
corruption proceeds. Third and finally, Part A introduces
non-conviction based (NCB) asset forfeiture as one of the
critical tools to combat corruption...
Corruption and thefts of public assets
harm a diffuse set of victims, weakens confidence in public
institutions, damages the private investment climate, and
threatens the foundations of the society as a whole. In
developing countries with scarce public resources, the cost
of corruption is an impediment to development: developing
countries lose between US$20 to US$40 billion each year
through bribery, misappropriation of funds, and other
corrupt practices. Corruption is by no means a
"victimless crime." This study aims to explore
the standing of States and Government entities as victims
and the possible recourse to private actions to redress
public wrongs. States and Government entities may act as
private litigants and bring civil suits to recover assets
lost to corruption. The goal of this work is to promote
knowledge and understanding as well as to increase the use
of civil remedies and private lawsuits to recover stolen
assets in the context of the United Nations Convention
against Corruption (UNCAC) offences. The UNCAC...
Collective action by women's
networks has been a strong driver of legislative change in
many countries across the world. Women's groups in
Botswana have used advocacy tools such as testing the
implementation of gender equality principles in the national
court system. In 1992, women's legal networks in the
Unity Dow case successfully challenged discriminatory
statutory citizenship laws. This victory triggered
far-reaching reforms of the citizenship law, family law, and
even the Constitution itself. Two decades later, another
successful "test" case, the Mmusi case, has
challenged the customary law practice of favoring male heirs
as contrary to constitutional principles of equality. The
paper explores the role that judges and national courts play
in implementing gender equality principles and upholding
state commitments to the Convention on the Elimination of
Discrimination against Women. The paper also highlights the
role of governments in taking on the concerns of their
citizens and cementing the principle of equality in national
legal frameworks. The backdrop to this process is a plural
legal system where both customary and statutory laws and
courts exist side by side. How women negotiate their rights
through these multiple systems by coalition building and
using "good practice" examples from other
countries is important to understand from a policy
perspective and how this "bottom-up" approach can
contribute to women's economic empowerment in other
La Convention des Nations Unies contre la corruption, adoptée en 2003, est le premier outil international criminalisant la corruption de façon aussi détaillée. Ce mémoire tente d'évaluer sa portée en analysant les dispositions concernant la
prévention, la criminalisation, la coopération internationale et le recouvrement
d'avoirs. Il tente d’évaluer la pertinence et l'efficacité de la Convention en illustrant ses défis en matière de conformité, pour ensuite étudier d'autres outils internationaux existants qui lui font compétition. Malgré sa portée élargie, il est
débattu que la Convention souffre de lacunes non négligeables qui pourraient restreindre son impact à l'égard de la conduite d'États Membres.; The United Nations Convention Against Corruption (adopted in 2003) is the first global in-depth treaty on corruption. This work attempts to assess its significance by analyzing its provisions, in particular concerning the areas of prevention, criminalization, international cooperation and asset recovery. It then seeks to assess its relevancy and effectiveness by giving an overview of the Convention's main compliance challenges, as well as other existing initiatives that tackle corruption. Although the Convention innovates in many respects...
The first edition of the Compendium of United Nations Standards and Norms
in Crime Prevention and Criminal Justice was published in 1992.
Between the first edition of the Compendium and the present one, new
standards and norms have been developed and five binding legal instruments have
been negotiated and adopted by the international community: the United Nations
Convention against Transnational Organized Crime and its three supplementary
protocols (the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, the Protocol against the Smuggling of Migrants
by Land, Sea and Air and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition) and the
United Nations Convention against Corruption. The standards and norms in crime
prevention and criminal justice, developed over the last 60 years have paved the
way to the adoption of those conventions and have provided a starting point for
their negotiation. Now the hope is that those legal instruments will reinforce and
strengthen the value and significance of the standards and norms, by eliciting
the kind of system-wide cooperation that will give full weight to their further
The present edition of the Compendium has been structured according to a
new clustering system articulated as follows: (a) standards and norms related
primarily to persons in custody...
Outre les changements sociaux associés à la fin du communisme, les années 1990 marquent également une augmentation de l’intérêt à l’égard de la corruption et de ses effets néfastes sur le développement. En raison de la pression exercée par les États-Unis et l’augmentation de la visibilité de la corruption, plusieurs organisations internationales ont vu l’intérêt de s’impliquer dans la lutte anticorruption. La littérature soutient que la Convention des Nations Unies contre la corruption représente le document international anticorruption par excellence. Adopté en 2003, il compte aujourd’hui 144 pays signataires. Cependant, et malgré l’importance du document, les perceptions des professionnels demeurent cachées derrière les discours institutionnels. Par conséquent, cette étude de cas se concentre sur les perceptions des employés travaillant au sein de la Branche de corruption et crime économique de l’ONUDC. Ils révèlent plusieurs difficultés techniques reliées à leur travail. Entre autres, les professionnels évoquent la charge de travail, les moyens financiers et la considération de leur jugement lors du processus d’évaluation. Leurs fonctions sont également limitées par des défis associés à la mise en oeuvre de la convention : l’absence de sanctions directes pour les pays non conformes...