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The process, in this case, is solely attributable

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发表于 2024-2-19 14:43:14 | 显示全部楼层 |阅读模式
Relationship with Petrobras. However, it can also be attributed to the fact that Odebrecht comes from a country relevant to American capital (Brazil) and has a strong international presence, which leads to the penalty having a "multiplier" effect on other markets. According to Maria Paula Bertran, today it is known that the FCPA plays a transformative role, that American authorities are aware of its weight and use this force to change local standards. "Knowledge about the application of the FCPA today is at a very technical level. In the United States there are very solid studies. There is nothing conspiratorial about it." According to the author, the FCPA is generally used as a "pedagogical" tool, trying to spread institutional changes to other countries.


American authorities tend to concentrate their efforts on cases with high visibility and power of influence, such as the German Siemens, in 2008, the English BAE Systems, in 2010, and the Israeli Teva, in 2016 The irradiation of the FCPA's anti-corruption actions is not necessarily bad, says the author, but in Brazil the effects were very harmful, causing an economic crisis and political instability. "We needed to exp Special Phone Number Data erience a paradigm shift. US action can do interesting things, but it was not adapted to the local paradigm." According to her, the problem in Brazil was that the process took on an excessively punitive character and lacked negotiation and pragmaticity. DoJ and 'Lava Jato' It is not clear to this day the extent of the collaboration between the United States Department of Justice and members of the "Lava Jato" in Brazil. American parliamentarians have already asked for information on the topic twice , demanding a position from the DoJ, which limited itself to responding that the details are confidential.



One of the lawyers who follows the issue closely, Fernando Fernandes, lists documents obtained by Vaza Jato and WikiLeaks that confirm the collaboration between US authorities and members of "lava jet". The collaboration includes the presence of American prosecutors in Curitiba on an unofficial basis, interviewing whistleblowers and obtaining confidential documents. All these irregularities add up to the fact that, in the end, the companies ended up being penalized excessively as a result of processes arising from plea bargains made in an unrepublican way. The result, says Fernandes, is that leniency agreements have become acts of "illegal enrichment of the State". If the extent of the influence of US authorities in "Lava Jato" is not yet clear, the DoJ's international agenda in conducting the FCPA is clear. According to existing studies, there is influence from strategic, economic factors, political and business interests and even local electoral disputes.

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