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Glossary of Brazil investigative terms

This glossary contains Brazilian terms related to criminal or corruption investigations, and supporting concepts from politics, the law, government, criminology, and law enforcement.

This glossary is not a general or indiscriminate list of terms from Brazilian Portuguese, and is limited in scope. Because this is a specialized glossary, the first meaning(s) listed for a term will be the one(s) related to topics within the scope of this glossary, even if that is not the most common meaning in the spoken or written language for the term in a more general context.

Words which present no particular issues of translation or understanding, such as governador ("governor"), investigação ("investigation"), operação ("operation") are generally not included. Words which may appear to be obvious on the surface, but which have specialized meanings in certain contexts, are included (e.g., prisão: not just "prison", but also "arrest"; or recurso: not just "resource", but also "appeal", "appellate"). Common expressions for governmental agencies or positions are included for convenience (Supremo Tribunal Federal), even if the translations are straightforward, as they come up frequently in definitions of less obvious terms.

There is one alphabetical list, with headwords in Portuguese or English, and aliases, translations, or explanations given as appropriate. This glossary concerns meaning and usage in Brazilian Portuguese. To avoid constant repetition, where the word Portuguese appears alone, it means Brazilian Portuguese.


A edit

Active corruption

see also corrupção ativa

The act of offering a corrupt payment or service. See corrupção ativa.
Acordo de leniência

see pt:Acordo de leniência; also Leniency agreement

a leniency agreement between a company and legal authorities. It's an agreement a company enters into with law authorities, to reduce their exposure to fines for criminal activity in exchange for something; typically an agreement to assist in investigations. Part of the Anti-Corruption Act.[1][2] Chapter 5 of the Anti-corruption Act provides the legal underpinning for companies to enter into leniency agreements with the authorities.[3]
Similar to delação premiada in its plea bargaining aspect, but a leniency accord deals with a company's assets not its employees.

See also Odebrecht leniency agreement (Odebrecht–Car Wash leniency agreement).
Anti-Corruption Act

see Brazilian Anti-Corruption Act

a law enacted in 2014 targeting corrupt practices (pt:Lei anticorrupção (Brasil)) among business entities doing business in Brazil. It defines civil and administrative penalties, as well as the possibility of reductions in penalties for cooperation with law enforcement under a written acordo de leniência (Leniency agreement). See #Lei anticorrupção (Brasil). Aliases: Clean Company Act; Law no. 12.846/2013
Apartamento funcional
Executive apartment set aside in the capital, Brasília, by the government for the use of members of the Chamber of Deputies while they are in the capital, typically half the week.[4][5]
Atibaia
See sítio de Atibaia.
Autor [a]

see also: querelante, réu

1.   plaintiff or claimant in a civil suit.
Syn: querelante. See also réu.
Expressions: parte autora: plaintiff ("complaining party")
2.  In other contexts: in the more common, non-legal sense, just like "author" in English.

B edit

Brazil cost

see also pt:Custo Brasil

the increased cost of doing business in Brazil based on in-country factors, such as administrative corruption, excessive bureaurocracy, dysfunctions in import-export operations, inefficiency in public services, and others. The concept derives from the more general one of "country cost"; see the article, Ease of doing business index.
Bribery department

see setor propina

An English rendering sometimes used for the Brazilian slang term setor propina for a department at Odebrecht S.A.

C edit

Caixa dois

see also: Slush fund

a slush fund. Literally, "cashbox two", this is a repository of unrecorded funds not reported to the appropriate tax authorities, and typically used as a slush fund for bribery or money laundering operations.
Código de Processo Penal

see pt:Código de Processo Penal; Penal Code of Brazil

the Penal Procedure Code of Brazil. The set of laws designed to regulate Brazil's criminal proceedings. It is under the exclusive jurisdiction of the Federal Government, through the National Congress to legislate on criminal procedure. Usually abbreviated CPP in Portuguese.
Colaboração premiada[a]

see also: colaboração premiada, delação premiada

Literally: "rewarded collaboration"; a type of plea bargain; it is the common name for the legal term delação premiada. Established in the Anti-corruption Act in 2014.[6]

See the Usage note at delação premiada.
Concussão

see pt:Concussão

the act of demanding improper advantage (vantagem indevida for oneself or others, directly or indirectly, by someone in public office, either during their term or before or afterward if related to their function while in office. Penal code Article 316. One of several crimes that are considered a "crime against public administration".
Condução coercitiva[a]

see also: pt:Condução coercitiva

A compulsory order to appear, to assist in an investigative or judicial proceeding, either as a victim, a witness, an expert, and so on. Not an arrest, but has the power of enforcement behind it, based on CPP. Has some features in common with a "material witness" in U.S. law. Compare prisão (1. "arrest") and prisão preventiva.

Translation note: Machine translation will often emit the expression coercive driving as part of the translation into English; this is *never* a correct translation for this phrase. There is no accepted expression in English that conveys the sense of the Portuguese term.
Constituição do Brasil

see pt:Constituição do Brasil

The current constitution is the Brazilian Constitution of 1988 (officially: Constituição da República Federativa do Brasil de 1988). Also known as the Constituição cidadã ("Citizen's Constitution") because of its birth in the process of the return to Democracy after the end of the period of military dictatorship in Brazil (1964–1985).
Constitution
See Constituição do Brasil.
Corrupção ativa

see active corruption, pt:Corrupção ativa

literally, "active corruption". Corrupção ativa consists in the act of offering any kind of benefit or advantage (economic, or otherwise) to a public official, to cause them to perform an official act, or to prevent or delay them from performing such an act. The crime consists in the intent to offer the unfair advantage, regardless whether it actually occurs. It is governed by article 333 of the Penal Code, and is considered a crime against public administration. See also vantagem indevida.
Corrupção passiva

see passive corruption, pt:Corrupção passiva

literally, "passive corruption". A crime committed by a public official, which consists in soliciting or receiving, for themselves or on behalf of someone else, an undue benefit (see vantagem indevida)), or a promise of such benefit. The term "passive" doesn't refer to initiation of a corrupt action, but who receives the benefit. For example, if a driver offers a cop money in order to avoid a ticket, and the cop accepts, the cop has committed passive corruption (and the driver has simultaneously committed active corruption). If the cop suggests the bribe, it's still passive. (See CP Art. 317.) Considered a "crime against public administration".
CPP
Abbr. for Código de Processo Penal.
Crime against public administration
See crime contra a administração pública.
Crime contra a administração pública

see active corruption, passive corruption

Literally, a "crime against public administration". A group of crimes in the Código de Processo Penal (CPP; Penal Code) that are characterized by their distortion of public administration and which injuriously affect the legality, impartiality, morality, or efficiency of public administration. .

D edit

Delação premiada[a]

see pt:Delação premiada; colaboração premiada

literally, "rewarded whistleblowing" (or, "rewarded informing"). The most common gloss for this in English is "plea bargain [agreement]". (also seen, much less frequently (about 10%), is leniency agreement, but see acordo de leniência). A legal process by which a suspect is offered a specific reduced sentence prescribed by the law, in return for turning in accomplices, or aiding in investigations. Applies only to individuals. The common name for this is colaboração premiada. The concept is similar to a plea bargain agreement, which results in a reduced penalty (fine, prison time) in return for investigative assistance. Established in the anti-corruption Act of 2014.[6] Contrast: acordo de leniência, which applies only to juridical persons.

Usage note: There is some fuzziness even in the Brazilian press concerning the use of delação premiada (which applies exclusively to people) and acordo de leniência (which applies to business entities, not people) and occasionally the wrong term is used. The confusion in the English language press is greater, partly because the legal concepts in the two countries are not identical, and "plea bargain" may be used for both terms. As a rule of thumb, if it's about reduction in monetary penalties for a company, it's a "leniency agreement"; if it's about a reduction in fines or prison time for an individual, that's more like a "plea deal" or "plea bargain".
Desdobramento

see pt:wikt:Desdobramento

Literally, an "unfolding". In the context of Operation Car Wash, as in pt:Desdobramentos da Operação Lava Jato, it is an offshoot. (Also seen, less often, are spin-off or outgrowth to represent desdobramentos in English sources about Operation Car Wash). In the context of talking about one particular Operação, already named, it can be translated simply as Operation. Not to be confused with Operation Car Wash "phases" (fases) which is a different breakdown of investigations, numbered and named, starting with phase 1 in March 2014.
Desembargador

see Desembargador; pt:Desembargador; juiz

apellate judge; Title given to justices in the courts of second instance. Compare Ministro. See Usage note at Juiz.
Dólar-cabo

(see pt:Dólar-cabo

an illegal dollar wire transfer. A neologism in Portuguese; no stable English term has claimed primacy yet; several have been offered. It is the practice of trading dollars in the gray market for deposit in an institution abroad. This may or may not involve actual cross-border transfers of money. The practice is a crime under article 22 of Lei dos Crimes contra o Sistema Financeiro (Law concerning crimes against the Financial System). It is often used in money laundering schemes. Still a neologism in the Brazilian press, and often found inside double quotes, often with explanatory text following. In English, various calques and translations have been proposed, including "dollar-cable", "cable-dollar", and others, but usually very tentatively, and with double quotes.

See also euro-cabo.
Doleiro

(see pt:Doleiro; pt:wikt:Doleiro

a money dealer; black-market money dealer;[7] literally, "dollar-er" ("dollar-dealer"). Someone who buys and sells dollars on the gray market. They also transfer funds between countries on behalf of companies or individuals not authorized by the Central Bank of Brazil to perform exchange operations, or which are outside the official mechanisms of registration and control. While this may be legal in some contexts, in others it is an indicator of possible money laundering or tax evasion activities. In this context, a doleiro is someone who converts currencies without authorization, or beyond limits allowed by law. See also: dólar-cabo.
Expressions:

  • doleiro dos doleiros – dealer of dealers[7]


F edit

Falsidade ideológica

see pt:Falsidade ideológica

fraudulent misrepresentation. lit., "ideologically false"; often seen adjectivally as ideológicamente falso ("ideologically false"). This is a type of fraud involving inclusion of false information in an otherwise valid document. This is defined in article 299 of the Penal code. Example: a doctor signs a certificate excusing someone from work who was not sick. The signature is real, the information in the document is false.[8][9]

Contrast: falsidade material.
Falsidade material
lit., "materially false"; this is a type of fraud involving creation of a phony document. Also seen adjectivally as materialmente falso ("materially false"). This is defined in article 299 of the Penal code.
Example: an employee creates a false affidavit excusing them or someone from work who was not sick, and forges the doctor's signature.[8][9]
Contrast: #Falsidade ideológica. The key difference between the two, is that where falsidade material describes a forgery, falsidade ideológica describes a real document with false information.
Federal judge
see juiz federal.
Federal Regional Court
see Tribunal Regional Federal (TRF).
First instance

see primeira instância

A lower court. Contrast second instance.
Foro privilegiado

see pt:Foro privilegiado

Official name: "foro especial por prerrogativa de função". Foro privilegiado is the common term for this.
Context: "pessoas com foro privilegiado", as in this example from Operação Leviatã (Operation Leviathan):

A operação focou a parte do esquema que repassava dinheiro só para o PMDB porque a parte do PT, não envolvendo pessoas com foro privilegiado, tramita na Justiça Federal do Paraná.
The operation focused exclusively on that part of the scheme that involved money passed on to the PMDB; because the portion involving the PT was being processed in the Federal Court of Paraná since it didn't include individuals with foro privilegiado status.


It is a method of determining a jurisdictional question, namely what venue has jurisdiction over certain high public officials in certain penal actions, based on their position or function. Normally, most people in Brazil, if accused of certain crimes, start off in lower courts (primeira instância) and their cases may proceed to higher courts (segunda instânica) according to law. For a limited subset of people, namely those with the foro privilegiado status, they start right off in the higher courts. The Brazilian Constitution specifies which officials have foro privilegiado; the list includes the President of the Republic, Senators, Federal Deputies, State Deputies, ministers of State, Governors; and only while they still hold office. See pt:foro especial por prerrogativa de função for details.
Formação de quadrilha

(see Formação de quadrilha; pt:wikt:quadrilha; quadrilha

gang formation; conspiracy; criminal conspiracy

Expressions: acusados de formação de quadrilha – "accused of federal racketeering" (chiefly U.S. usage)
Funcional [a]
1.   An adjective for funcionário, a company employee or civil servantfuncionário[10]
2.   When combined with apartmento, has a special meaning; see apartamento funcional
3.   In common parlance, cognate to English "functional".

J edit

Judge
Can be any of juiz, Desembargador, or Ministro, depending on the type of judge, and the instância.
Judiciary branch
See Poder Judiciário
Juiz

see pt:Juiz, pt:wikt:juiz, juiz federal, desembargador

1.  A judge of the first instance.
Expressions:
  • pt:juiz de paz: justice of the peace.
  • juiz de instrução: investigative judge; examining magistrate.
Usage note: it's a peculiarity of Brazilian terminology surrounding judgeships, that judges in courts of different degrees or levels (grau de jurisdição) are known by different honorific titles, depending on what level they are in the hierarchy of the judicial branch. The term juiz is used for judges of the first instance. See also: Desembargador (2nd instance), and Ministro (3rd instance).
2.  court.
3.  referee.
Juiz federal
A judge of the first instance in the common Federal Justice system (Justiça Federal comum) who deals with legal cases involving the Union (União) or its federal entities.
Justiça Federal

(see pt:Justiça Federal

The Federal Courts, or Federal Justice system, is one of two parts of the judiciary branch. It consists of the federal judgeships, which represent the first instance (primeira instância), and the Federal Regional Courts (TRF), which represent the second instance (segunda instância).

P edit

Poder executivo

see pt:Poder executivo

The executive branch of government; one of the three branches (ramos) of the Brazilian government.
Poder judiciário

see pt:Poder Judiciário do Brasil

lit. "Judicial power" (or "authority"); the judicial branch. One of the three branches of the federal government, according to the Constitution. The judiciary branch is based on three degrees of jurisdiction (grau de jurisdição). It is made up of five things: 1. the Supreme Federal Tribunal (STF), 2. Superior Court of Justice (STJ), 3. Federal Regional Courts (TRF) and Federal judges, 4. military judges and tribunals, and 5. tribunals and judges of the states, the Federal District, and the territories. See Instância.
Poder legislativo

see pt:Poder legislativo

legislative branch (lit. "legislative power"; legislative authority). One of the three branches of the federal government ordained in article 1 of the Constitution, consisting of the National Congress, is exercised by the Chamber of Deputies and the Senate. Each state of the Union is represented by three Senators of the Republic, elected by majority vote, and the seats in the Chamber of Deputies are divided according to the population of each state, and the deputies elected by proportional vote.
Poder público

see pt:Poder público; pt:wikt:poder público

1.  The ensemble of state institutions with authority to carry out the affairs of State; the three branches of the federal government: Poder executivo, Poder judiciário, Poder legislativo.
2.   In the plural, "poderes públicos" may have a different meaning: public authorities, official authority; similar to the non-specific sense of "the authorities" in English.
Policia especializada
See delegacia especializada.
Primeira instancia
The first, or lowest level of the three degrees of jurisdiction (grau de jurisdição) in the Poder Judiciário (judiciary branch). These include Federal judge#Brazil (Juiz federal). See segunda instância.
Prisão domiciliar
House arrest.
Prisao em flagrante
see flagrante.
Preventive detention

see pt:Prisão preventiva

See prisão preventiva. Compare remand.
Prisão

see pt:Prisão, pt:wikt:prisão Contrast: condução coercitiva.

1.  Arrest. In the sense of "arrest", it comes in three forms (modalidades) in Brazil: flagrante, temporária, and preventiva. Contrast: condução coercitiva.
2.  Jail.
3.  Imprisonment.
Prisão preventiva

see pt:Prisão preventiva

Roughly, "preventive detention", but not exact equivalents. Prisão preventiva is a pre-trial, precautionary detention defined by CPP §311–316. Not to be confused with sentença (post-trial sentencing). The English preventive detention is broader in scope; the Portuguese one may be more like pre-trial remand.
Prisão temporária

see pt:Prisão temporária

A type of precautionary detention, which may be used in the investigation of a serious crime. A "temporary pre-trial detention". A 1989 law replaced the former prisão por averiguação (investigatory detention) which was found to be contrary to fundamental rights under the 1988 charter. Only used in certain high crimes where it might impede the investigation if the subject were not detained, and where they have no fixed address or their identity cannot be established.

Q edit

R edit

Recurso

(see pt:Recurso processual)

1.  An appeal to a court. An instrument to request alteration of a prior court decision to a court of the same or higher instance, on the same case.
Expressions:
  • entrar com um recurso: file an appeal
  • _____ de recurso: appellate _____
2.  (in the plural) recursos: funds.
Expressions:
  • desvio de recursos – diversion of funds
3.  In contexts outside of law or finance: the primary meanings of recurso are "resource", "feature".
Rewarded collaboration

see colaboração premiada

literal translation of colaboração premiada}.
Rewarded whistleblowing

see delação premiada

literal translation of delação premiada.

S edit

Segunda instância

see also desembargador, primeira instância, terceira instância

The middle level of the three degrees of jurisdiction (grau de jurisdição) in the Poder judiciário (judiciary branch). A court of second instance is analogous to a Court of appeals or appellate court in Anglo-Saxon jurisprudence. See primeira instância.
Setor propina
literally, "bribery section", or "bribery department". This is a slang term or nickname for Odebrecht S.A.'s Structured Operations Division (Setor de Operações Estruturais), because it was that department within the company that was responsible for managing and paying kickbacks and bribes.[11][12][13][14]
Usage note: There isn't sufficient usage in English sources to have settled on one term for this, but "bribery department" is present in a BBC report.[15]
Sítio de Atibaia
lit., "the Atibaia site". known in English as the "Atibaia case" or "Atibaia site", and other terms. In context after a first use, the property is also referred to as the "ranch", the "house", the "farmhouse", the "case", the "site case", etc.; and in Portuguese, sometimes as the "sítio Santa Bárbara".
"O sítio de Atibaia" is the name given by the press to a property in Atibaia, a town in the interior of São Paulo state, which was central to the second conviction of President Lula in Operation Car Wash, which increased his sentence from 13 to 17 years. The formal owner of the property was Fernando Bittar, ex-colleague of Fabio Luis Lula da Silva [pt] (Lulinha), son of Lula. It was seized by the judge as part of Lula's sentence.[16][17][18]
STF
abbreviation for Supremo Tribunal Federal.
STJ
abbreviation for Superior Tribunal de Justiça.
Superfaturamento

see Superfaturamento

Overbilling, especially on a government project with corrupt intent. The Federal Police indicated in a 2010 report that around R$700 million ($180 million) was overbilled in 300 public works projects, and that of every 100 Reals spent, on average R$ 29 were overbilled.[19]
Superior Tribunal de Justiça

see STJ; Superior Court of Justice

Superior Court of Justice, also known as the STJ. The highest appellate court in Brazil for non-constitutional questions of federal law. Justices in STJ (as in other Superior Courts) are called "minister" not "justices" or "judges"; not to be confused however, with ministers from the executive branch.
Supremo Tribunal Federal

see Supreme Federal Court; pt:Supremo Tribunal Federal

The Supreme Federal Court is the highest Court in Brazil, and is considered a court of third instance. Abbreviated STF in Portuguese.

T edit

TCEJ
An abbreviation for Tribunal de Contas do Estado.
TCE-RJ

see also TCE-RJ

An abbreviation for pt:Tribunal de Contas do Estado do Rio de Janeiro.
TCU
An abbreviation for Tribunal de Contas da União.
Terceira instância
Literally, "third instance" (see instância). There is no third instance of the judiciary branch defined in the Constitution. However, the Superior Tribunals are sometimes known informally as the "third instance", because decisions taken by tribunals of the first and second instances can be reviewed by superior courts. See also instância extraordinária.
Tribunal Regional Federal

see also Federal Regional Court

Regional Federal Courts. There are six regional federal courts, each covering several Brazilian states. They are established by articles 107 and 108 of the Constitution. Together with Federal judges, the six TRFs make up the Justiça Federal (Federal Courts), which is part of the Poder Judiciário (judiciary branch). Each TRF has seven (or more) judges of the second instance named by the President, who hold court around the region of their jurisdiction, using local facilities. See for example, TRF-4. abbreviation: TRF.
Tribunal Regional Federal da 4ª Região

see pt:Tribunal Regional Federal da 4ª Região

Federal Regional Court of Region 4 (abbr: TRF-4, TRF 4) is one of the five Federal District Courts (Tribunais Regionais Federais). It is a court of second instance (segunda instância) that has jurisdiction over the three states of Paraná, Santa Catarina, and Rio Grande do Sul, and is headquartered in Porto Alegre, Rio Grande do Sul. It was inaugurated in 1989, and has 27 judges (desembargadores).

U edit

Undue advantage

see vantagem indevida, corrupção ativa, corrupção passiva

Illicit funds. Literally, "undue advantage" is a literal translation of vantagem indevida, from a type of corruption called Recebimento de vantagem indevida: literally, "Receipt of undue advantage" (or "illicit", "improper", "unfair", "unjustifiable", etc.) advantage (or "benefit", "profit", "gain", etc.) This is a form of corruption, either active (corrupção ativa) or passive (corrupção passiva) involving payment or receipt of improper advantage (economic or otherwise) or the promise of it, from someone in public office, or before or after their term of office if related to their function while in office. The term comes up in several places in the CPP, including article 217 (regarding corrupção passiva), article 316 (concussão), article 333 (corrupção ativa), and others.[20][21]

Usage note: Since there isn't an exact equivalent in common law, and the noun phrase can be awkward in certain contexts, rewording it as an adverbial phrase might work better in some cases: "X illicitly profited from", or "...earned illegal gains from", etc.

V edit

Vantagem indevida

see undue advantage, pt:Recebimento de vantagem indevida)

literally, "undue advantage".

W edit

See also edit

45 crime article links from pt:Crime
All links below are articles in Portuguese, from pt-wiki
  • Crime acessório
  • Crime à distância
  • Crime ambiental
  • Crime autônomo
  • Crime comissivo
  • Crime complexo
  • Crime comum
  • Crime consumado
  • Crime continuado
  • Crime contra a humanidade
  • Crime culposo
  • Crime de dano
  • Crime de fato permanente
  • Crime de guerra
  • Crime de lesa-majestade
  • Crime de mão própria
  • Crime de responsabilidade
  • Crime doloso
  • Crime eleitoral
  • Crime formal
  • Crime funcional
  • Crime habitual
  • Crime hediondo
  • Crime impossível
  • Crime instantâneo
  • Crime material
  • Crime organizado
  • Crime passional
  • Crime perfeito
  • Crime permanente
  • Crime plurissubsistente
  • Crime político
  • Crime preterdoloso
  • Crime preterintencional
  • Crime próprio
  • Crime provocado
  • Crime putativo
  • Crime qualificado
  • Crime sexual
  • Crime simples
  • Crime tentado
  • Crime unissubsistente
  • Crime vago
  • Criminoso
  • Delinquência

References edit

Notes
  1. ^ a b c d e This headword has a significant likelihood of being mistranslated when using automatic translation. Machine translation can have difficulty with individual words or expressions for many reasons, including false friends, false cognates, literal translation, neologisms, slang, idiomatic expressions and other unrecognized compounds, words with multiple meanings, words with specialized meanings in certain knowledge domains different from a common meaning of a word in a more general context, and other reasons. These issues can be difficult for human translators as well. Some expressions in Brazilian law, criminology, or government have no exact equivalent in English, because the legal, penal, and administrative systems are not the same. In some cases, no brief translated expression in English is possible, as it would either be opaque, or misleading.
Citations
  1. ^ Hogan Lovells (15 September 2017). "Brazil's new guidelines for leniency agreements in corruption investigations". Lexology. Law Business Research. Retrieved 20 January 2020.
  2. ^ Da redação (8 November 2016). "Odebrecht negocia maior acordo de leniência do mundo" [Odebrecht negotiates biggest leniency agreement in the world]. Veja (in Portuguese). Editora Abril. Retrieved 20 January 2020.
  3. ^ Lobo & Ibeas (1 August 2013). "V Leniency Agreement". Brazilian Anti-Corruption Act (Federal Law 12,846/2013) (PDF). Lobo & Ibeas Attorneys. p. 11. (bilingual pt/en)
  4. ^ R7 (5 November 2012). "Conheça os novos apartamentos onde os deputados moram em Brasília" [Get to know the new apartments where deputies live in Brasilia]. R7 (in Portuguese). Retrieved 26 January 2020.{{cite web}}: CS1 maint: numeric names: authors list (link)
  5. ^ Amorim, Diego (5 July 2018). "Por que os deputados precisam de apartamento funcional?" [Why do deputies need an executive apartment?]. O Antagnista (in Portuguese). Mare Clausum Publicações. Retrieved 26 January 2020.
  6. ^ a b "The Role of Plea Bargains in the Fight Against Corruption: A Presentation by Brazil's Attorney General, Rodrigo Janot". Brazil Institute. Wilson Center. 2017-07-20. Retrieved 20 January 2020. In Brazilian law, plea bargains are a means of obtaining proof, not proof in themselves.
    No direito brasileiro, a colaboração premiada é meio de obtenção de prova, e não meio de prova.—Attorney General Rodrigo Janot
  7. ^ a b Pontes, Felipe (3 May 2018). "Money dealer ran corruption scheme that moved $ 1.6 billion in bribes". Agência Brasil. EBC.
  8. ^ a b de Lima, Elioma (12 October 2017). "O que vem a ser a expressão "ideologicamente falsos"?" [What is the expression 'ideologically false'?]. Retrieved 13 February 2020.
  9. ^ a b Escola Brasileira de Direito (20 July 2018). [What is the difference between material falsehood, ideological falsehood and personal falsehood?]. JusBrasil (in Portuguese). Archived from the original on 2020-02-13. Retrieved 2020-02-13. Material falsehood is that [crime of falsification] by means of which the perpetrator creates a false document or changes the content of a true document. The document is materially false. The falsification occurs via forgery (pretending, simulating, disguising, falsifying in order to disguise its authenticity). ... Ideological falsehood ... is characterized by false content written into the creation of a real document. A falsidade material é aquela [crime de falsidade] por meio da qual o agente cria um documento falso ou altera o conteúdo de um documento verdadeiro. O documento é materialmente falso. A falsificação o corre mediante contrafação (fingimento, simulação, disfarce, falsificação de modo a iludir sua autenticidade). ... A falsidade ideológica... configura-se pelo falso conteúdo posto quando da feitura de um documento verdadeiro.
  10. ^ "funcional". Michaelis On-line. São Paulo: Editora Melhoramentos. 2020.
  11. ^ Esposito, Ivan Richard; Pordeus León, Lucas (15 April 2017). "Setor de propinas da Odebrecht pagou R$ 10,6 bilhões entre 2006 e 2014" [Odebrecht's bribery department paid R$ 10.6 billion between 2006 and 2014]. Agência Brasil (in Portuguese). EBC. Retrieved 2019-02-11. The former director of the so-called bribery department said that any executive responsible for an Odebrecht project could request the funds to get the project going. O ex-diretor do chamado setor de propinas disse que cada executivo responsável por obras da Odebrecht podia solicitar o recurso para fazer as obras andarem.
  12. ^ Folha Política (5 September 2016). "E-mails mostram que Marcelo Odebrecht controlava o 'setor de propinas'" [E-mails show that Marcelo Odebrecht controlled the 'bribery department']. JusBrasil (in Portuguese). Retrieved 2019-02-11. E-mails seized by Operation Car Wash at the Odebrecht Group headquarters in June 2015 reinforced the evidentiary exhibits showing the participation of the outgoing president of Marcelo Bahia Odebrecht with the Structured Operations Division - a department that took care of the contractor's kickbacks and slush fund payments, in the corruption scheme discovered at Petrobras. E-mails apreendidos pela Operação Lava Jato na sede do Grupo Odebrecht, em junho de 2015, reforçaram o rol de provas da participação do presidente afastado do Marcelo Bahia Odebrecht com o Setor de Operações Estruturadas - departamento que cuidava dos pagamentos de propina e caixa 2 da empreiteira, no esquema de corrupção descoberto na Petrobrás.
  13. ^ Oro Boff, Salete; Borges Fortes, Vinícius; Zanatta Tocchetto, Gabriel (16 July 2018). "XIII Proteção de Dados e Práticas de Corrupção: Uma Analise do Sistema de ERP no Caso de Odebrecht [Data Protection and the Practice of Corruption: a Systems Analysis of ERP in the Odebrecht Case]". Propriedade intelectual e gestão da inovação: entre invenção e inovação (in Portuguese). Erechim, Rio Grande do Sul: Editora Deviant. p. 284. ISBN 978-85-532-4014-2. Only the employees of the Structured Operations Division, also called the Bribery Division by the media, ...Apenas os funcionários do Setor de Operações Estruturais, também chamado de Setor de Propinas, pela mídia, ...
  14. ^ "Odebrecht adquiriu banco para propina, diz delator" [Odebrecht acquired a bank for kickbacks, says informer]. UOL (in Portuguese). 2016-06-20. The Department of Structured Operations—official name of the bribery center of the company, according to Operation Car Wash.[O] Departamento de Operações Estruturadas --nome oficial da central de propinas da empreiteira, segundo a Lava Jato...
  15. ^ Pressly, Linda (22 April 2018). "The largest foreign bribery case in history". BBC News. Retrieved 2019-02-11. The company's bribery department, known by the rather prosaic name of Division of Structured Operations, managed its own shadow budget.
  16. ^ de Campos, João Pedroso (27 May 2019). "Lava Jato concorda com venda do sítio de Atibaia, ligado a Lula" [Car Wash agrees to sell Atibaia site, linked to Lula]. Veja (in Portuguese). Retrieved 9 February 2020.
  17. ^ "Appellate court increases Lula's prison sentence in Atibaia case to 17 years". Wise Up News. Gazeta do Povo. November 28, 2019. Retrieved 2020-02-10.
  18. ^ Kadanus, Kelli (November 28, 2019). "Lula é condenado a mais 12 anos e 11 meses por sítio em Atibaia" [Lula is sentenced to another 12 years and 11 months for the Atibaia site]. Wise Up News (in Portuguese). Gazeta do Povo. Retrieved 2020-02-10.
  19. ^ O custo da corrupção - Folha de S.Paulo, 9 de março de 2009
  20. ^ Talon, Evinis (22 Nov 2016). "A corrupção no Código Penal" [Corruption in the Penal Code]. Jusbrasil (in Portuguese). Retrieved 30 January 2020.
  21. ^ Madeira Dezem, Guilherme; Junqueira, Gustavo Octaviano Diniz; Junqueira, Patrícia; Aranda Fuller, Paulo Henrique (8 January 2020). Prática Jurídica - Penal. Saraiva Educação S.A. p. 417. ISBN 978-85-536-1610-7.

External links edit

  • Legislação brasileira traduzida para o Inglês – official English translations of the Constitution, and dozens of other Brazilian laws
  • Glossary of the Banco Central
  • About pt:Condução coercitiva:
    • Jusbrasil
    • Lex Magister
    • Juris Blog
  • Constitution of the Federative Republic of Brazil; (in English) pdf; 432 pages
  • Constituição da República Federativa do Brasil (in Portuguese)
  • Michaelis dictionaries – a set of bilingual, online Brazilian dictionaries
  • Operation Car Wash glossary – somewhat light-hearted, but has serious information about terms; by Gabriela Goulart, editor at O Globo.

glossary, brazil, investigative, terms, this, glossary, contains, brazilian, terms, related, criminal, corruption, investigations, supporting, concepts, from, politics, government, criminology, enforcement, this, glossary, general, indiscriminate, list, terms,. This glossary contains Brazilian terms related to criminal or corruption investigations and supporting concepts from politics the law government criminology and law enforcement This glossary is not a general or indiscriminate list of terms from Brazilian Portuguese and is limited in scope Because this is a specialized glossary the first meaning s listed for a term will be the one s related to topics within the scope of this glossary even if that is not the most common meaning in the spoken or written language for the term in a more general context Words which present no particular issues of translation or understanding such as governador governor investigacao investigation operacao operation are generally not included Words which may appear to be obvious on the surface but which have specialized meanings in certain contexts are included e g prisao not just prison but also arrest or recurso not just resource but also appeal appellate Common expressions for governmental agencies or positions are included for convenience Supremo Tribunal Federal even if the translations are straightforward as they come up frequently in definitions of less obvious terms There is one alphabetical list with headwords in Portuguese or English and aliases translations or explanations given as appropriate This glossary concerns meaning and usage in Brazilian Portuguese To avoid constant repetition where the word Portuguese appears alone it means Brazilian Portuguese A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoA editActive corruption see also corrupcao ativa The act of offering a corrupt payment or service See corrupcao ativa Acordo de leniencia see pt Acordo de leniencia also Leniency agreement a leniency agreement between a company and legal authorities It s an agreement a company enters into with law authorities to reduce their exposure to fines for criminal activity in exchange for something typically an agreement to assist in investigations Part of the Anti Corruption Act 1 2 Chapter 5 of the Anti corruption Act provides the legal underpinning for companies to enter into leniency agreements with the authorities 3 Similar to delacao premiada in its plea bargaining aspect but a leniency accord deals with a company s assets not its employees See also Odebrecht leniency agreement Odebrecht Car Wash leniency agreement Anti Corruption Act see Brazilian Anti Corruption Act a law enacted in 2014 targeting corrupt practices pt Lei anticorrupcao Brasil among business entities doing business in Brazil It defines civil and administrative penalties as well as the possibility of reductions in penalties for cooperation with law enforcement under a written acordo de leniencia Leniency agreement See Lei anticorrupcao Brasil Aliases Clean Company Act Law no 12 846 2013 Apartamento funcional Executive apartment set aside in the capital Brasilia by the government for the use of members of the Chamber of Deputies while they are in the capital typically half the week 4 5 Atibaia See sitio de Atibaia Autor a see also querelante reu 1 plaintiff or claimant in a civil suit Syn querelante See also reu Expressions parte autora plaintiff complaining party 2 In other contexts in the more common non legal sense just like author in English B editBrazil cost see also pt Custo Brasil the increased cost of doing business in Brazil based on in country factors such as administrative corruption excessive bureaurocracy dysfunctions in import export operations inefficiency in public services and others The concept derives from the more general one of country cost see the article Ease of doing business index Bribery department see setor propina An English rendering sometimes used for the Brazilian slang term setor propina for a department at Odebrecht S A A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoC editCaixa dois see also Slush fund a slush fund Literally cashbox two this is a repository of unrecorded funds not reported to the appropriate tax authorities and typically used as a slush fund for bribery or money laundering operations Codigo de Processo Penal see pt Codigo de Processo Penal Penal Code of Brazil the Penal Procedure Code of Brazil The set of laws designed to regulate Brazil s criminal proceedings It is under the exclusive jurisdiction of the Federal Government through the National Congress to legislate on criminal procedure Usually abbreviated CPP in Portuguese Colaboracao premiada a see also colaboracao premiada delacao premiada Literally rewarded collaboration a type of plea bargain it is the common name for the legal term delacao premiada Established in the Anti corruption Act in 2014 6 See the Usage note at delacao premiada Concussao see pt Concussao the act of demanding improper advantage vantagem indevida for oneself or others directly or indirectly by someone in public office either during their term or before or afterward if related to their function while in office Penal code Article 316 One of several crimes that are considered a crime against public administration Conducao coercitiva a see also pt Conducao coercitiva A compulsory order to appear to assist in an investigative or judicial proceeding either as a victim a witness an expert and so on Not an arrest but has the power of enforcement behind it based on CPP Has some features in common with a material witness in U S law Compare prisao 1 arrest and prisao preventiva Translation note Machine translation will often emit the expression coercive driving as part of the translation into English this is never a correct translation for this phrase There is no accepted expression in English that conveys the sense of the Portuguese term Constituicao do Brasil see pt Constituicao do Brasil The current constitution is the Brazilian Constitution of 1988 officially Constituicao da Republica Federativa do Brasil de 1988 Also known as the Constituicao cidada Citizen s Constitution because of its birth in the process of the return to Democracy after the end of the period of military dictatorship in Brazil 1964 1985 Constitution See Constituicao do Brasil Corrupcao ativa see active corruption pt Corrupcao ativa literally active corruption Corrupcao ativa consists in the act of offering any kind of benefit or advantage economic or otherwise to a public official to cause them to perform an official act or to prevent or delay them from performing such an act The crime consists in the intent to offer the unfair advantage regardless whether it actually occurs It is governed by article 333 of the Penal Code and is considered a crime against public administration See also vantagem indevida Corrupcao passiva see passive corruption pt Corrupcao passiva literally passive corruption A crime committed by a public official which consists in soliciting or receiving for themselves or on behalf of someone else an undue benefit see vantagem indevida or a promise of such benefit The term passive doesn t refer to initiation of a corrupt action but who receives the benefit For example if a driver offers a cop money in order to avoid a ticket and the cop accepts the cop has committed passive corruption and the driver has simultaneously committed active corruption If the cop suggests the bribe it s still passive See CP Art 317 Considered a crime against public administration CPP Abbr for Codigo de Processo Penal Crime against public administration See crime contra a administracao publica Crime contra a administracao publica see active corruption passive corruption Literally a crime against public administration A group of crimes in the Codigo de Processo Penal CPP Penal Code that are characterized by their distortion of public administration and which injuriously affect the legality impartiality morality or efficiency of public administration A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoD editDelacao premiada a see pt Delacao premiada colaboracao premiada literally rewarded whistleblowing or rewarded informing The most common gloss for this in English is plea bargain agreement also seen much less frequently about 10 is leniency agreement but see acordo de leniencia A legal process by which a suspect is offered a specific reduced sentence prescribed by the law in return for turning in accomplices or aiding in investigations Applies only to individuals The common name for this is colaboracao premiada The concept is similar to a plea bargain agreement which results in a reduced penalty fine prison time in return for investigative assistance Established in the anti corruption Act of 2014 6 Contrast acordo de leniencia which applies only to juridical persons Usage note There is some fuzziness even in the Brazilian press concerning the use of delacao premiada which applies exclusively to people and acordo de leniencia which applies to business entities not people and occasionally the wrong term is used The confusion in the English language press is greater partly because the legal concepts in the two countries are not identical and plea bargain may be used for both terms As a rule of thumb if it s about reduction in monetary penalties for a company it s a leniency agreement if it s about a reduction in fines or prison time for an individual that s more like a plea deal or plea bargain Desdobramento see pt wikt Desdobramento Literally an unfolding In the context of Operation Car Wash as in pt Desdobramentos da Operacao Lava Jato it is an offshoot Also seen less often are spin off or outgrowth to represent desdobramentos in English sources about Operation Car Wash In the context of talking about one particular Operacao already named it can be translated simply as Operation Not to be confused with Operation Car Wash phases fases which is a different breakdown of investigations numbered and named starting with phase 1 in March 2014 Desembargador see Desembargador pt Desembargador juiz apellate judge Title given to justices in the courts of second instance Compare Ministro See Usage note at Juiz Dolar cabo see pt Dolar cabo an illegal dollar wire transfer A neologism in Portuguese no stable English term has claimed primacy yet several have been offered It is the practice of trading dollars in the gray market for deposit in an institution abroad This may or may not involve actual cross border transfers of money The practice is a crime under article 22 of Lei dos Crimes contra o Sistema Financeiro Law concerning crimes against the Financial System It is often used in money laundering schemes Still a neologism in the Brazilian press and often found inside double quotes often with explanatory text following In English various calques and translations have been proposed including dollar cable cable dollar and others but usually very tentatively and with double quotes See also euro cabo Doleiro see pt Doleiro pt wikt Doleiro a money dealer black market money dealer 7 literally dollar er dollar dealer Someone who buys and sells dollars on the gray market They also transfer funds between countries on behalf of companies or individuals not authorized by the Central Bank of Brazil to perform exchange operations or which are outside the official mechanisms of registration and control While this may be legal in some contexts in others it is an indicator of possible money laundering or tax evasion activities In this context a doleiro is someone who converts currencies without authorization or beyond limits allowed by law See also dolar cabo Expressions doleiro dos doleiros dealer of dealers 7 F editFalsidade ideologica see pt Falsidade ideologica fraudulent misrepresentation lit ideologically false often seen adjectivally as ideologicamente falso ideologically false This is a type of fraud involving inclusion of false information in an otherwise valid document This is defined in article 299 of the Penal code Example a doctor signs a certificate excusing someone from work who was not sick The signature is real the information in the document is false 8 9 Contrast falsidade material Falsidade material lit materially false this is a type of fraud involving creation of a phony document Also seen adjectivally as materialmente falso materially false This is defined in article 299 of the Penal code Example an employee creates a false affidavit excusing them or someone from work who was not sick and forges the doctor s signature 8 9 Contrast Falsidade ideologica The key difference between the two is that where falsidade material describes a forgery falsidade ideologica describes a real document with false information Federal judge see juiz federal Federal Regional Court see Tribunal Regional Federal TRF First instance see primeira instancia A lower court Contrast second instance Foro privilegiado see pt Foro privilegiado Official name foro especial por prerrogativa de funcao Foro privilegiado is the common term for this Context pessoas com foro privilegiado as in this example from Operacao Leviata Operation Leviathan A operacao focou a parte do esquema que repassava dinheiro so para o PMDB porque a parte do PT nao envolvendo pessoas com foro privilegiado tramita na Justica Federal do Parana The operation focused exclusively on that part of the scheme that involved money passed on to the PMDB because the portion involving the PT was being processed in the Federal Court of Parana since it didn t include individuals with foro privilegiado status It is a method of determining a jurisdictional question namely what venue has jurisdiction over certain high public officials in certain penal actions based on their position or function Normally most people in Brazil if accused of certain crimes start off in lower courts primeira instancia and their cases may proceed to higher courts segunda instanica according to law For a limited subset of people namely those with the foro privilegiado status they start right off in the higher courts The Brazilian Constitution specifies which officials have foro privilegiado the list includes the President of the Republic Senators Federal Deputies State Deputies ministers of State Governors and only while they still hold office See pt foro especial por prerrogativa de funcao for details Formacao de quadrilha see Formacao de quadrilha pt wikt quadrilha quadrilha gang formation conspiracy criminal conspiracy Expressions acusados de formacao de quadrilha accused of federal racketeering chiefly U S usage Funcional a 1 An adjective for funcionario a company employee or civil servant funcionario 10 2 When combined with apartmento has a special meaning see apartamento funcional 3 In common parlance cognate to English functional J editJudge Can be any of juiz Desembargador or Ministro depending on the type of judge and the instancia Judiciary branch See Poder Judiciario Juiz see pt Juiz pt wikt juiz juiz federal desembargador 1 A judge of the first instance Expressions pt juiz de paz justice of the peace juiz de instrucao investigative judge examining magistrate Usage note it s a peculiarity of Brazilian terminology surrounding judgeships that judges in courts of different degrees or levels grau de jurisdicao are known by different honorific titles depending on what level they are in the hierarchy of the judicial branch The term juiz is used for judges of the first instance See also Desembargador 2nd instance and Ministro 3rd instance 2 court 3 referee Juiz federal A judge of the first instance in the common Federal Justice system Justica Federal comum who deals with legal cases involving the Union Uniao or its federal entities Justica Federal see pt Justica Federal The Federal Courts or Federal Justice system is one of two parts of the judiciary branch It consists of the federal judgeships which represent the first instance primeira instancia and the Federal Regional Courts TRF which represent the second instance segunda instancia A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoP editPoder executivo see pt Poder executivo The executive branch of government one of the three branches ramos of the Brazilian government Poder judiciario see pt Poder Judiciario do Brasil lit Judicial power or authority the judicial branch One of the three branches of the federal government according to the Constitution The judiciary branch is based on three degrees of jurisdiction grau de jurisdicao It is made up of five things 1 the Supreme Federal Tribunal STF 2 Superior Court of Justice STJ 3 Federal Regional Courts TRF and Federal judges 4 military judges and tribunals and 5 tribunals and judges of the states the Federal District and the territories See Instancia Poder legislativo see pt Poder legislativo legislative branch lit legislative power legislative authority One of the three branches of the federal government ordained in article 1 of the Constitution consisting of the National Congress is exercised by the Chamber of Deputies and the Senate Each state of the Union is represented by three Senators of the Republic elected by majority vote and the seats in the Chamber of Deputies are divided according to the population of each state and the deputies elected by proportional vote Poder publicosee pt Poder publico pt wikt poder publico 1 The ensemble of state institutions with authority to carry out the affairs of State the three branches of the federal government Poder executivo Poder judiciario Poder legislativo 2 In the plural poderes publicos may have a different meaning public authorities official authority similar to the non specific sense of the authorities in English Policia especializada See delegacia especializada Primeira instancia The first or lowest level of the three degrees of jurisdiction grau de jurisdicao in the Poder Judiciario judiciary branch These include Federal judge Brazil Juiz federal See segunda instancia Prisao domiciliar House arrest Prisao em flagrante see flagrante Preventive detention see pt Prisao preventiva See prisao preventiva Compare remand Prisao see pt Prisao pt wikt prisao Contrast conducao coercitiva 1 Arrest In the sense of arrest it comes in three forms modalidades in Brazil flagrante temporaria and preventiva Contrast conducao coercitiva 2 Jail 3 Imprisonment Prisao preventiva see pt Prisao preventiva Roughly preventive detention but not exact equivalents Prisao preventiva is a pre trial precautionary detention defined by CPP 311 316 Not to be confused with sentenca post trial sentencing The English preventive detention is broader in scope the Portuguese one may be more like pre trial remand Prisao temporaria see pt Prisao temporaria A type of precautionary detention which may be used in the investigation of a serious crime A temporary pre trial detention A 1989 law replaced the former prisao por averiguacao investigatory detention which was found to be contrary to fundamental rights under the 1988 charter Only used in certain high crimes where it might impede the investigation if the subject were not detained and where they have no fixed address or their identity cannot be established Q editA B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoR editRecurso see pt Recurso processual 1 An appeal to a court An instrument to request alteration of a prior court decision to a court of the same or higher instance on the same case Expressions entrar com um recurso file an appeal de recurso appellate 2 in the plural recursos funds Expressions desvio de recursos diversion of funds 3 In contexts outside of law or finance the primary meanings of recurso are resource feature Rewarded collaboration see colaboracao premiada literal translation of colaboracao premiada Rewarded whistleblowing see delacao premiada literal translation of delacao premiada S editSegunda instancia see also desembargador primeira instancia terceira instancia The middle level of the three degrees of jurisdiction grau de jurisdicao in the Poder judiciario judiciary branch A court of second instance is analogous to a Court of appeals or appellate court in Anglo Saxon jurisprudence See primeira instancia Setor propina literally bribery section or bribery department This is a slang term or nickname for Odebrecht S A s Structured Operations Division Setor de Operacoes Estruturais because it was that department within the company that was responsible for managing and paying kickbacks and bribes 11 12 13 14 Usage note There isn t sufficient usage in English sources to have settled on one term for this but bribery department is present in a BBC report 15 Sitio de Atibaia lit the Atibaia site known in English as the Atibaia case or Atibaia site and other terms In context after a first use the property is also referred to as the ranch the house the farmhouse the case the site case etc and in Portuguese sometimes as the sitio Santa Barbara O sitio de Atibaia is the name given by the press to a property in Atibaia a town in the interior of Sao Paulo state which was central to the second conviction of President Lula in Operation Car Wash which increased his sentence from 13 to 17 years The formal owner of the property was Fernando Bittar ex colleague of Fabio Luis Lula da Silva pt Lulinha son of Lula It was seized by the judge as part of Lula s sentence 16 17 18 STF abbreviation for Supremo Tribunal Federal STJ abbreviation for Superior Tribunal de Justica Superfaturamento see Superfaturamento Overbilling especially on a government project with corrupt intent The Federal Police indicated in a 2010 report that around R 700 million 180 million was overbilled in 300 public works projects and that of every 100 Reals spent on average R 29 were overbilled 19 Superior Tribunal de Justica see STJ Superior Court of Justice Superior Court of Justice also known as the STJ The highest appellate court in Brazil for non constitutional questions of federal law Justices in STJ as in other Superior Courts are called minister not justices or judges not to be confused however with ministers from the executive branch Supremo Tribunal Federal see Supreme Federal Court pt Supremo Tribunal Federal The Supreme Federal Court is the highest Court in Brazil and is considered a court of third instance Abbreviated STF in Portuguese A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoT editTCEJ An abbreviation for Tribunal de Contas do Estado TCE RJ see also TCE RJ An abbreviation for pt Tribunal de Contas do Estado do Rio de Janeiro TCU An abbreviation for Tribunal de Contas da Uniao Terceira instancia Literally third instance see instancia There is no third instance of the judiciary branch defined in the Constitution However the Superior Tribunals are sometimes known informally as the third instance because decisions taken by tribunals of the first and second instances can be reviewed by superior courts See also instancia extraordinaria Tribunal Regional Federal see also Federal Regional Court nbsp Portuguese Wikisource has original text related to this article Title IV of the Brazilian Constitution Regional Federal Courts There are six regional federal courts each covering several Brazilian states They are established by articles 107 and 108 of the Constitution Together with Federal judges the six TRFs make up the Justica Federal Federal Courts which is part of the Poder Judiciario judiciary branch Each TRF has seven or more judges of the second instance named by the President who hold court around the region of their jurisdiction using local facilities See for example TRF 4 abbreviation TRF Tribunal Regional Federal da 4ª Regiao see pt Tribunal Regional Federal da 4ª Regiao Federal Regional Court of Region 4 abbr TRF 4 TRF 4 is one of the five Federal District Courts Tribunais Regionais Federais It is a court of second instance segunda instancia that has jurisdiction over the three states of Parana Santa Catarina and Rio Grande do Sul and is headquartered in Porto Alegre Rio Grande do Sul It was inaugurated in 1989 and has 27 judges desembargadores U editUndue advantage see vantagem indevida corrupcao ativa corrupcao passiva Illicit funds Literally undue advantage is a literal translation of vantagem indevida from a type of corruption called Recebimento de vantagem indevida literally Receipt of undue advantage or illicit improper unfair unjustifiable etc advantage or benefit profit gain etc This is a form of corruption either active corrupcao ativa or passive corrupcao passiva involving payment or receipt of improper advantage economic or otherwise or the promise of it from someone in public office or before or after their term of office if related to their function while in office The term comes up in several places in the CPP including article 217 regarding corrupcao passiva article 316 concussao article 333 corrupcao ativa and others 20 21 Usage note Since there isn t an exact equivalent in common law and the noun phrase can be awkward in certain contexts rewording it as an adverbial phrase might work better in some cases X illicitly profited from or earned illegal gains from etc V editVantagem indevida see undue advantage pt Recebimento de vantagem indevida literally undue advantage A B C D E F G H IJK L M N O P QR S T U V WXYZ See alsoW editSee also edit nbsp Brazil portal nbsp Wikisource has original text related to this article Constitution Art 5 in Portuguese Glossary of French criminal law Offshoots of Operation Car Wash Phases of Operation Car Wash pt Categoria Crimes Crime category on pt wiki pt Categoria Direito penal Criminal law pt Categoria Governo do Brasil Government of Brazil pt Categoria Operacao Lava Jato Operation Car Wash pt Categoria Politica do Brasil Politics of Brazil45 crime article links from pt CrimeAll links below are articles in Portuguese from pt wikiCrime acessorio Crime a distancia Crime ambiental Crime autonomo Crime comissivo Crime complexo Crime comum Crime consumado Crime continuado Crime contra a humanidade Crime culposo Crime de dano Crime de fato permanente Crime de guerra Crime de lesa majestade Crime de mao propria Crime de responsabilidade Crime doloso Crime eleitoral Crime formal Crime funcional Crime habitual Crime hediondo Crime impossivel Crime instantaneo Crime material Crime organizado Crime passional Crime perfeito Crime permanente Crime plurissubsistente Crime politico Crime preterdoloso Crime preterintencional Crime proprio Crime provocado Crime putativo Crime qualificado Crime sexual Crime simples Crime tentado Crime unissubsistente Crime vago Criminoso DelinquenciaReferences editNotes a b c d e This headword has a significant likelihood of being mistranslated when using automatic translation Machine translation can have difficulty with individual words or expressions for many reasons including false friends false cognates literal translation neologisms slang idiomatic expressions and other unrecognized compounds words with multiple meanings words with specialized meanings in certain knowledge domains different from a common meaning of a word in a more general context and other reasons These issues can be difficult for human translators as well Some expressions in Brazilian law criminology or government have no exact equivalent in English because the legal penal and administrative systems are not the same In some cases no brief translated expression in English is possible as it would either be opaque or misleading Citations Hogan Lovells 15 September 2017 Brazil s new guidelines for leniency agreements in corruption investigations Lexology Law Business Research Retrieved 20 January 2020 Da redacao 8 November 2016 Odebrecht negocia maior acordo de leniencia do mundo Odebrecht negotiates biggest leniency agreement in the world Veja in Portuguese Editora Abril Retrieved 20 January 2020 Lobo amp Ibeas 1 August 2013 V Leniency Agreement Brazilian Anti Corruption Act Federal Law 12 846 2013 PDF Lobo amp Ibeas Attorneys p 11 bilingual pt en R7 5 November 2012 Conheca os novos apartamentos onde os deputados moram em Brasilia Get to know the new apartments where deputies live in Brasilia R7 in Portuguese Retrieved 26 January 2020 a href Template Cite web html title Template Cite web cite web a CS1 maint numeric names authors list link Amorim Diego 5 July 2018 Por que os deputados precisam de apartamento funcional Why do deputies need an executive apartment O Antagnista in Portuguese Mare Clausum Publicacoes Retrieved 26 January 2020 a b The Role of Plea Bargains in the Fight Against Corruption A Presentation by Brazil s Attorney General Rodrigo Janot Brazil Institute Wilson Center 2017 07 20 Retrieved 20 January 2020 In Brazilian law plea bargains are a means of obtaining proof not proof in themselves No direito brasileiro a colaboracao premiada e meio de obtencao de prova e nao meio de prova Attorney General Rodrigo Janot a b Pontes Felipe 3 May 2018 Money dealer ran corruption scheme that moved 1 6 billion in bribes Agencia Brasil EBC a b de Lima Elioma 12 October 2017 O que vem a ser a expressao ideologicamente falsos What is the expression ideologically false Retrieved 13 February 2020 a b Escola Brasileira de Direito 20 July 2018 Qual a diferenca entre falsidade material falsidade ideologica e falsidade pessoal What is the difference between material falsehood ideological falsehood and personal falsehood JusBrasil in Portuguese Archived from the original on 2020 02 13 Retrieved 2020 02 13 Material falsehood is that crime of falsification by means of which the perpetrator creates a false document or changes the content of a true document The document is materially false The falsification occurs via forgery pretending simulating disguising falsifying in order to disguise its authenticity Ideological falsehood is characterized by false content written into the creation of a real document A falsidade material e aquela crime de falsidade por meio da qual o agente cria um documento falso ou altera o conteudo de um documento verdadeiro O documento e materialmente falso A falsificacao o corre mediante contrafacao fingimento simulacao disfarce falsificacao de modo a iludir sua autenticidade A falsidade ideologica configura se pelo falso conteudo posto quando da feitura de um documento verdadeiro funcional Michaelis On line Sao Paulo Editora Melhoramentos 2020 Esposito Ivan Richard Pordeus Leon Lucas 15 April 2017 Setor de propinas da Odebrecht pagou R 10 6 bilhoes entre 2006 e 2014 Odebrecht s bribery department paid R 10 6 billion between 2006 and 2014 Agencia Brasil in Portuguese EBC Retrieved 2019 02 11 The former director of the so called bribery department said that any executive responsible for an Odebrecht project could request the funds to get the project going O ex diretor do chamado setor de propinas disse que cada executivo responsavel por obras da Odebrecht podia solicitar o recurso para fazer as obras andarem Folha Politica 5 September 2016 E mails mostram que Marcelo Odebrecht controlava o setor de propinas E mails show that Marcelo Odebrecht controlled the bribery department JusBrasil in Portuguese Retrieved 2019 02 11 E mails seized by Operation Car Wash at the Odebrecht Group headquarters in June 2015 reinforced the evidentiary exhibits showing the participation of the outgoing president of Marcelo Bahia Odebrecht with the Structured Operations Division a department that took care of the contractor s kickbacks and slush fund payments in the corruption scheme discovered at Petrobras E mails apreendidos pela Operacao Lava Jato na sede do Grupo Odebrecht em junho de 2015 reforcaram o rol de provas da participacao do presidente afastado do Marcelo Bahia Odebrecht com o Setor de Operacoes Estruturadas departamento que cuidava dos pagamentos de propina e caixa 2 da empreiteira no esquema de corrupcao descoberto na Petrobras Oro Boff Salete Borges Fortes Vinicius Zanatta Tocchetto Gabriel 16 July 2018 XIII Protecao de Dados e Praticas de Corrupcao Uma Analise do Sistema de ERP no Caso de Odebrecht Data Protection and the Practice of Corruption a Systems Analysis of ERP in the Odebrecht Case Propriedade intelectual e gestao da inovacao entre invencao e inovacao in Portuguese Erechim Rio Grande do Sul Editora Deviant p 284 ISBN 978 85 532 4014 2 Only the employees of the Structured Operations Division also called the Bribery Division by the media Apenas os funcionarios do Setor de Operacoes Estruturais tambem chamado de Setor de Propinas pela midia Odebrecht adquiriu banco para propina diz delator Odebrecht acquired a bank for kickbacks says informer UOL in Portuguese 2016 06 20 The Department of Structured Operations official name of the bribery center of the company according to Operation Car Wash O Departamento de Operacoes Estruturadas nome oficial da central de propinas da empreiteira segundo a Lava Jato Pressly Linda 22 April 2018 The largest foreign bribery case in history BBC News Retrieved 2019 02 11 The company s bribery department known by the rather prosaic name of Division of Structured Operations managed its own shadow budget de Campos Joao Pedroso 27 May 2019 Lava Jato concorda com venda do sitio de Atibaia ligado a Lula Car Wash agrees to sell Atibaia site linked to Lula Veja in Portuguese Retrieved 9 February 2020 Appellate court increases Lula s prison sentence in Atibaia case to 17 years Wise Up News Gazeta do Povo November 28 2019 Retrieved 2020 02 10 Kadanus Kelli November 28 2019 Lula e condenado a mais 12 anos e 11 meses por sitio em Atibaia Lula is sentenced to another 12 years and 11 months for the Atibaia site Wise Up News in Portuguese Gazeta do Povo Retrieved 2020 02 10 O custo da corrupcao Folha de S Paulo 9 de marco de 2009 Talon Evinis 22 Nov 2016 A corrupcao no Codigo Penal Corruption in the Penal Code Jusbrasil in Portuguese Retrieved 30 January 2020 Madeira Dezem Guilherme Junqueira Gustavo Octaviano Diniz Junqueira Patricia Aranda Fuller Paulo Henrique 8 January 2020 Pratica Juridica Penal Saraiva Educacao S A p 417 ISBN 978 85 536 1610 7 External links editLegislacao brasileira traduzida para o Ingles official English translations of the Constitution and dozens of other Brazilian laws Glossary of the Banco Central About pt Conducao coercitiva Jusbrasil Lex Magister Juris Blog Constitution of the Federative Republic of Brazil in English pdf 432 pages Constituicao da Republica Federativa do Brasil in Portuguese Michaelis dictionaries a set of bilingual online Brazilian dictionaries Operation Car Wash glossary somewhat light hearted but has serious information about terms by Gabriela Goulart editor at O Globo Retrieved from https en wikipedia org w index php title Glossary of Brazil investigative terms amp oldid 1170587778, wikipedia, wiki, book, books, library,

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