Prosecution of corruption in the Brazilian new milestone: from the transformations of the bribery offense to the new look on corporate corruption

Abstract

This paper proposes a description and an analysis of structural changes in terms of corruption control and prevention, from traditional offenses to a new look into the corporate field. After a revision of corruption traditional offenses and its recent transformations, it puts into question the new “anti-bribery” law (Law nº 12.846/2013), which introduces new mechanisms of corporate liability imputation in administrative and civil matters. Despite the fact that it might represent significant advances to the national anti-bribery strategy, the new law still demonstrate low utility to the sanction´s system and severe problems of law enforcement.