Annex: Questionnaire (in English only)
With regard to concrete measures to link anti-corruption efforts with the realization and
protection of human rights, please provide, where applicable:
1) Examples which show how anti-corruption efforts can be effectively complemented
through the use of human rights standards, methods and mechanisms;
The examples show how the anti-corruption efforts can be effectively complemented by the
use of human rights standards, methods and mechanisms; By claim of organized civil society,
Brazil created the Complementary Law 131 of May 27, 2009, amended the wording of the
Fiscal Responsibility Law (FRL) as regards the transparency of fiscal management,
innovating to determine the availability , real-time, detailed information on the budgetary and
financial implementation of Federal, State, Federal District and Municipalities. This has been
the main tool to combat corruption in the country. As determined by LC 131, all entities
should disclose all actions taken by the management units in the course of expenditure
execution at the time of its completion, with a minimum availability of data relating to the
corresponding file number, the goods supplied or the service provided, physical or legal
person beneficiary of the payment and, where applicable, to the bidding procedure
performed;
As for the recipe: the release and receipt of all revenue management units, including
regarding extraordinary features.
• Recipes
• Expenditure
• Providers
• Programs, activities and projects.
.
The law of transparency has been a major constraint instrument of undue public spending
governments.
2) Examples where national human rights institutions (NHRIs) identified corruption as
a cause of human rights violations and effective remedial measures taken;
In Brazil we can mention the following combat corruption institutions: Federal Public
Ministry, the Ministry of Labor, Comptroller General of the Union; Attorney General's Office
and civil society organizations such as Transparency Brazil, the Brazilian Articulation against
Corruption and Impunity ABRACCI among others.
3) Examples which show how the work of national anti-corruption agencies (ACAs)
and NHRIs can be interlinked, substantively, structurally and organizationally (such as
existing memoranda of understanding; other formal working relations; designated human
rights/anti-corruption focal points);
In fact it is not clear that exchanges between the anti-corruption agencies and human rights
watchdog. We would, in this case the very prosecutor guarantee the rights of the accused. On
the subject of corruption values, there could be, when there was a reappropriation, an offset to
direct spending on education, health and housing.
4) Examples of engagement with regional and international human rights mechanisms
that brought about change in anti-corruption efforts;
A great example of changes brought about by the action of human rights mechanisms in
Brazil is the Law of Clean Record. Fruit of the initiative of the population, determines the
ineligibility for eight years, politicians convicted in criminal cases on appeal, revoked or who
have resigned to avoid impeachment, among other criteria. the ineligible governor and the
mayor who lost the elected office for violating the State Constitution and the Organic Law of
the Municipality. Nor can apply who has been convicted by the Electoral Court in the process
of investigation of abuse of economic or political power.
The ineligibility reaches also those who are convicted of crimes against the popular economy,
public faith, public administration and public property; against private equity, the financial
system, the capital market and those provided for in the law governing bankruptcy; against
the environment and public health; electoral crimes for which the law requires a prison
sentence; abuse of authority, where there is condemnation to charge the loss or
disqualification for the exercise of civil service; laundering or concealment of assets, rights
and values; trafficking of narcotics and similar drugs, racism, torture, terrorism and heinous;
reduction to a condition analogous to slavery; against life and sexual dignity; and crimes
committed by a criminal organization, gang or band. The Clean Record Law still makes
ineligible those who have their accounts for the exercise of public functions or positions
rejected by incurable irregularity configure administrative misconduct. Are in the same
condition those holders of public office to benefit themselves or others, the abuse of
economic or political power.
Included in the condition of ineligible those who are convicted of electoral corruption, vote
buying, donation, capture or unlawful spending of campaign funds or conduct prohibited to
public officials in electoral campaigns involving cancellation of registration or diploma.
Politicians who renounce their mandates from the representation of offering or prosecution of
the infringement the device of the Federal Constitution, the State Constitution, the Organic
Law of the Federal District or the Municipality of Organic Law are also ineligible. They are
in the same condition those who are sentenced to suspension of political rights, by intentional
act of improper conduct that causes injury to public property and embezzlement.
5) Examples of the incorporation of human rights considerations in self-assessment of
implementation of the United Nations Convention against Corruption;
Examples of incorporating human rights considerations in the self-evaluation of the
implementation of the UN Convention against Corruption;
Example of incorporating human rights considerations in the self-assessment of
implementation of the United Nations convection corruption can be removed from the
technical standard developed by the Brazilian Association of Technical Standards (ABNT)
NBR ISO 26000: 2010 and implemented in public and private institutions. Among the
guidelines against corruption can cite the following recommendations:
identify the risks of corruption and implement and maintain policies and practices to combat
corruption and extortion; mensure that its leadership set an example of corruption and
commit, encourage and supervise the implementation of antiand train its employees and representatives in their efforts to eradicate bribery and corruption,
and give incentives to its progress; aware its employees, representatives, contractors and
suppliers about corruption and how to fight it; mensure that the remuneration of its
employees and representatives is appropriate and referring only to legitimate service
employees, partners, representatives and suppliers to report violations of the organization's
policies and unethical and unfair treatment by adopting mechanisms for reporting and
monitoring of the case without fear of reprisal; light violations of criminal law to the
competent judicial authorities; and work to fight corruption, encouraging those with whom
the organization works to adopt similar anti-corruption practices.
6) Examples of successful human rights litigation, or of investment disputes or civil law
cases where human rights arguments played a decisive role, in corruption cases;
Examples are the law of transparency where all federal agencies must give detailed visibility
of public spending by publishing wage bills, agreements, contracts etc. so that the whole
society is aware of public spending.It can also be cited the law of the clean slate that prevents
the candidacy of politicians convicted of crimes.
7) Good practices for safeguarding human rights while combatting corruption, in
particular with regard to: a) the criminalization of corruption (e.g. illicit enrichment), b)
the detection and investigation of corruption, c) the prosecution and judicial proceedings
(including suo motu powers) and d) in the recovery of illicit assets;
We can mention the unprecedented case known as "Mensalão". This is the name given to the
political corruption scandal by buying votes of parliamentarians in the National Congress of
Brazil, which took place between 2005 and 2006. The case had as its protagonists some of the
then government officials President Luiz Inacio Lula da Silva, Party members Workers and
other parties being the subject of criminal proceedings number 470, moved by the prosecutor
in the Supreme Court. Because of the scandal, several deputies involved were judged by the
Ethics Committee of the House of Representatives, with cancellation requests sent to vote in
plenary.
Many politicians were arrested. Currently is also underway Operação Lava Jato is the name
of an investigation by the Federal Police of Brazil, whose outbreak of overt phase was
initiated on March 17, 2014 with the fulfillment of more than a hundred warrants search and
seizure, temporary, preventive and coercive conduction prisons, aiming to establish a money
laundering scheme suspect to move more than ten billion reais. It is considered by the Federal
Police as the largest corruption investigation in the history of the country. The operation was
named due to the use of a network of dry cleaners and gas stations by the gang to move the
values of illicit origin supposedly since 1997. Entrepreneurs and Brazilian politicians are
being accused by the government.
8) Good practices for the protection of victims, witnesses, reporting persons, anticorruption activists, whistleblowers and other persons involved in the fight against
corruption which explicitly build on human rights standards;
PROVITA- stewardship program to the victim and witnesses. Beneficiários- people who are
at risk due to their cooperation in the criminal proceedings listed as a victim or witness
(Requirement for collaboration with justice).
Video input port Board (CONDEL- State Decree 43097 of July 22, 2011).
Protection- Reintegration model of victims / witnesses (family) in new community
confidentially.
PPCAAM- Protection Program for Children and Adolescents threatened with death
Beneficiários- children and adolescents up to 18 years incomplete, threatened with death.
(NO there is the need for collaboration with justice).
Video input port of the Public Ministry; Child protection agencies, the judiciary.
Protection- Reintegration model of children and adolescents (family) in new community
confidentially.
The PPCAAM requires systematic monitoring of the Child / Youth with the provision of
legal assistance, psycho-social and pedagogical.
PEPDDH- Protection program for defenders of human rights
Beneficiários- persons, groups or institutions who are active in defending human rights in the
state of Rio de Janeiro and, as a result, are in vulnerable situations (NO there is a need for
collaboration with justice).
Video input port State Coordination of PEPDDH
Protection- model Warranty life of militants and militancy through protective measures that
include: hearings; public conflict resolution, labor advocate and dissemination of the
program, cooperation with agencies involved in addressing the threats, monitoring of
investigations and complaints, temporary withdrawal of defender of his place of work and
police protection in cases excepcionais.A police protection It is just one of the measures
articulated by the Program. It is an exception to be held in cases of serious threat, time
previously determined. Visibility is stimulated.
Although they are good initiatives in practice these programs have many problems ranging
from lack of commitment of public officials to the lack of budget for their implementation.
9) Good practices for securing the independence and enhancing the effectiveness of
ACAs which draw upon the United Nations Paris Principles and the practice and
modalities followed for strengthening the independence and effectiveness of NHRIs (eg
the International Coordinating Committee of NHRIs; its peer review process; sharing of
substantive and administrative approaches to work);
There are examples of good practice in Brazil to ensure the independence and increase the
effectiveness of ACA to resort to the United Nations Paris Principles and practice and
procedures followed for strengthening the independence and effectiveness of NHRIs.
10) Any other issues relevant to the scope of this study, including for instance information
on the use of indicators for measuring the negative impact of corruption on human rights
or the correlation between corruption and human rights violations and vice versa.
No effective participation of human rights organizations and anti-corruption agencies. Thus,
the witnesses and victims, it is for lawyers (as) or the prosecution act to defend the rights of
these people, because in practice they act only as employees, providing information.