Brazil's Lava Jato Scandal and the Use of American Tools to Bring the Perpetrators to Justice
Brazil's criminal procedure model was designed in the early 1940s using an inquisitorial framework and remained largely unchanged for decades. At the beginning of the 21st century, as organized crime started to increase, Brazil adopted many characteristics of the United States' accusatory system, such as the use of cooperation agreements and non-prosecution agreements. These tools were instrumental in the "Lava Jato" case, which exposed a massive scheme involving the state-owned oil company Petrobras that ensnared many high-ranking officials, including the current President, Michel Temer.
Join Professor Thiago Bottino, Professor Daniel Richman, and the Center for the Advancement of Public Integrity for a three-session discussion of the evolution of the Brazilian justice system, the United States' influence on reforms, and the facts and importance of the "Lava Jato" case.
Session 1: February 6, 3:00 to 4:30 pm- JG 106
The structure of the Brazilian Justice system; how judges, prosecutors and lawyers operate in a semi-inquisitorial system.
Session 2: February 7, 12:10 to 1:15 pm- JG 107 (lunch will be served)
The United States' influence on recent reforms efforts in the Brazilian criminal justice system, such as the adoption of alternative dispute resolution for white collar crimes, including plea bargaining, administrative settlements, and non-prosecution agreements.
Session 3: February 8, 3:00 to 4:30 pm- JG 102A
The investigation and prosecution of corruption in the “Lava Jato” (car wash) operation, specifically its successes (asset recovery, conviction of white collar criminals); setbacks (wiretapping leaks, criticism of cooperating witness agreements); and likely legacy (noting recent Supreme Court decisions related to this operation).