Corruption

Authors

  • Carlos Frederico de Oliveira Pereira Subprocurador-Geral de Justiça Militar

Keywords:

Corruption, Armed Forces, Mega fraud, Law 13.491/17, Criminal policy, Expanded jurisdiction

Abstract

As in other institutions, corruption in the Armed Forces has undergone a profound change in the form of execution and the magnitude of the attack on public property. In the first aspect, as frauds demonstrate sophisticated schemes to circumvent the bidding law and cover up deviated assets, as can also be seen the expansion of the number of associates and the improvement of planning for the lasting execution of these criminal actions. In the second aspect, there are already some cases of what can be called mega fraud, due to the extent of the damage done to public property. Penal legislation underwent profound changes after the constitution of 1,988, following a change in the way corruption has been changing, either due to the gradual complexity with which it has been reformed, or the enormity of the damage to public money. However, this evolution of legislation is not uniform, as the tightening of legislation, inspired by repressive criminal policy, also comes with legal measures of extrication, influenced by conciliatory criminal policy. The jurisprudence follows the same trend. The contradiction observed, in fact, is supported by the Constitution. What is not allowed is the intersection of the two models of criminal policy. The CPM (Military Penal Code) and CPPM (Military Criminal Procedure Code), in force since 1,969, are absolutely obsolete to face the problem given the degree of complexity that exists today. Military criminal penal and procedural legislation is completely distant from the two models of criminal policy. In good time, the CPM was updated with the enactment of Law 13.491 / 17 and the MPM has been innovating the fight against corruption with the creation of investigation procedures and training of personnel for this task.

Published

2023-10-24

How to Cite

Pereira, C. F. de O. (2023). Corruption. Revista Do Ministério Público Militar, 47(33), 215–251. Retrieved from https://revista.mpm.mp.br/rmpm/article/view/97

Issue

Section

Tomo I - Artigos temáticos: Corrupção e crimes afins