Using Criminal Law to Fight Corruption: The Potential, Risks, and Limitations of Operation Car Wash (Lava Jato)

Abstract

The Brazilian case of Lava Jato started with a scandal involving the massive malfeasance of corporate and political elites in relation to the state-run oil company Petrobras. The scope of the corruption was unprecedented. Politicians and Petrobras employees received hundreds of millions (if not billions) of dollars in kickbacks between 2004 and 2012. This Article focuses on the innovations promoted by the Lava Jato case. This new jurisprudence has not only played a key role in breaking a long-lasting tradition of impunity in Brazil, but it has also generated much controversy. On the one hand, many Brazilian citizens welcomed the changes, as they allowed judges to overcome the obstacles faced by courts in previous corruption cases. On the other hand, opponents argue that the case is not solidly grounded in rule of law principles. Instead of taking sides in this debate, this Article tries to reframe it by arguing that there may be benefits associated with these novel interpretations, but there may also be costs and risks.