The Evolution of Protection Laws to the Whistleblower in Brazilian Legislation and its Importance in Fighting Corruption

Authors

  • Mário Inácio Xavier de Barros Martins UNICURITIBA
  • Sergio Fernando Moro UNICURITIBA

DOI:

https://doi.org/10.31501/ealr.v14i3.14570

Abstract

Analysing the evolution of the legal protection laws to whistleblowers in Brazilian legislation, as well as its contribution to fight corruption acts. Methodology: theoretical-bibliographical and documental research. The study of the arisen issues relied on books, scientific articles in stratified journals. The whistleblower, which in literal translation means “assoprador”, in Portuguese, has been acknowleded as the responsible for unveiling most of the corruption cases. Therefore, They deserve legal protection. In the United States, the largest economy in the world, legal protection for whistleblowers emerged after the discovery important cases of corruption. In Brazil, the legal protection for whistleblowers was included in the anti-crime package, which provides some protections for them, such as the prohibition of arbitrary dismissal, including the possibility of a reward of 5% (five) percent recovered funds. It was also identified that the investigations of the Lava Jato, the largest anti-corruption operation in Brazil, began through denunciation from a whistleblower. That fact allowed us to infer on the importance of the whistleblower in the fight against corruption and the need for his legal protection. The authors are meant to observe how the whistleblower contributes to the fight against corruption, and the need to file for laws to protect this practice.

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Author Biographies

Mário Inácio Xavier de Barros Martins, UNICURITIBA

 

 

Sergio Fernando Moro, UNICURITIBA

 

 

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Published

2024-02-29